People ex rel. O'Blinskie v. Judge of Circuit Court
Michigan Supreme Court
Application for Mandamus. This application is made to haye the respondent directed to vacate an order, in an ejectment cause brought by James M. Allen against the relator, denying a motion (1) for leave to move for new trial and (2) for a new trial.
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Application for Mandamus. This application is made to haye the respondent directed to vacate an order, in an ejectment cause brought by James M. Allen against the relator, denying a motion (1) for leave to move for new trial and (2) for a new trial. The cause had been tried by the court without a jury April 12, 1872; finding filed and judgment entered for plaintiff August 26, 1872; additional and further finding at request of defendant filed June 5, 1874; writ of error sued out July 15, 1874; judgment affirmed January 28, 1875; remittitur filed December 28, 1875. The motion on which the order…
1Opinion of the Court
Coolet, Oh. J:
Where a cause is tried by the circuit judge without a jury and written findings are requested, the law contemplates that these shall be filed as the foundation of judgment. If for any reason of inadvertence or otherwise the judgment is entered up before the findings are filed, or if the findings are defective and are afterwards corrected, we are of opinion that the judgment so entered up previously is to be regarded as in the nature of provisional action, which only becomes perfected when the findings are completed, and that the time for taking a new trial as matter of right…
2Cases cited1 opinion
- Stansell v. CorningMichigan Supreme Court · 1870
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