Goodin v. Van Haaften
Michigan Supreme Court
Error to Ottawa; Padgham, J. Trespass de bonis by Rosanna Goodin against Gerrit Yan Haaften. There was a judgment for plaintiff in justice’s court, and defendant appealed to the circuit. On plaintiff’s motion the appeal was dismissed, and defendant brings error.
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Error to Ottawa; Padgham, J. Trespass de bonis by Rosanna Goodin against Gerrit Yan Haaften. There was a judgment for plaintiff in justice’s court, and defendant appealed to the circuit. On plaintiff’s motion the appeal was dismissed, and defendant brings error. Plaintiff obtained a judgment before a justice of the peace on August 5, 1899. Defendant appealed to the circuit court, paid the costs of suit and appeal fees on August 9th, and delivered the affidavit and bond for appeal to the justice on August 23d. The law requires an appeal to be taken within five days. The return of the justice…
1Opinion of the CourtGrant, J.
(after stating the facts). The court was in error. The general appearance and notice of trial operated as a waiver of the failure to file the bond and affidavit, within the time required by the statute, and gave the circuit court jurisdiction of the case. McCombs v. Johnson, 47 Mich. 593 (11 N. W. 400); Hamilton v. Wayne Circuit Judge, 53 Mich. 409 (18 N. W. 193); Sherwood v. Ionia Circuit Judge, 107 Mich. 136 (64 N. W. 1045).
Judgment reversed.
Hooker, C. J., Moore and Montgomery, JJ., concurred. Long, J., did not sit.
2Cases cited5 opinions
- Dullam v. WillsonMichigan Supreme Court · 1884
- McCombs v. JohnsonMichigan Supreme Court · 1882
- Sherwood v. Ionia Circuit JudgeMichigan Supreme Court · 1895
- Hamilton v. JennisonMichigan Supreme Court · 1884
- Walsh v. St. Clair Circuit JudgeMichigan Supreme Court · 1895
3Cited by3 opinions
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- Dunn's Estate v. Wayne Circuit JudgeMichigan Supreme Court · 1928