Toledo Pipe Organ Co. v. Paradise Theatre Co.

Preliminary to consideration of the merits of this appeal, appellee claims that the appeal is not properly here, having been taken without leave of this Court. Appellee relies on Mack International Truck Corp. v. Palmer, 259 Mich. 234. In that case, like the situation here, an appeal was taken as of right from an order denying a motion to vacate a judgment. But in that case a motion to dismiss the appeal was made, in this Court, and granted. In the instant case no such motion has been made. This' brings the situation within Burk v. Amos., 262 Mich. 332, where an appeal was taken,, without…