Lake Shore & Michigan Southern Railway Co. v. Branch Circuit Judge
Michigan Supreme Court
Mandamus by the Lake Shore & Michigan Southern Railway Company to compel George L. Yaple, circuit judge of Branch county, to settle a bill of exceptions. On March 19, 1897, verdict and judgment were entered against the relator. On March 20th an ex parte order was made granting relator until July 1st to settle a bill of exceptions. On June 26th relator entered a motion for a new trial, which was denied September 7th.
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Mandamus by the Lake Shore & Michigan Southern Railway Company to compel George L. Yaple, circuit judge of Branch county, to settle a bill of exceptions. On March 19, 1897, verdict and judgment were entered against the relator. On March 20th an ex parte order was made granting relator until July 1st to settle a bill of exceptions. On June 26th relator entered a motion for a new trial, which was denied September 7th. On July 1st, September 9th, and October 4th ex parte orders were made extending the time to settle the bill, the last order ■extending it to November 1st. On September 9th a copy…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Cir. Ct. Rule 47 gives a party absolutely 20 days in which to settle a bill of exceptions, and the right to further time, not exceeding 60 days; but no further time shall be granted except for good cause shown by affidavit on special motion after notice, or on the written stipulation of the parties. There was no written stipulation, and the circuit judge, who had all the facts before him, refused to settle the bill. The correspondence did not amount to a stipulation extending the time, and there was no order made by the court extending the time after November 1st.…
2Cited by10 opinions
- Hayes v. Ionia Circuit JudgeMichigan Supreme Court · 1900
- Roberge v. De LisleMichigan Supreme Court · 1909
- Smilansky v. Wayne Circuit JudgeMichigan Supreme Court · 1915
- Yerkes v. Antrim Circuit JudgeMichigan Supreme Court · 1918
- Carrier v. Emmet Circuit JudgeMichigan Supreme Court · 1909
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