Union Trust Co. v. Marsh

The subject-matter of this litigation has been before this court on two previous occasions. Marsh v. Wayne Circuit Judge, 243 Mich. 530, and 246 Mich. 511. A motion to dismiss defendant’s appeal was made by plaintiff, but we reserved decision thereof until the appeal was heard on its merits.. This motion to dismiss is based on the ground that the appeal “was not perfected within the time prescribed by the statute.” The statute here material (3 Comp. Law's 1915, § 13759) reads:

“It shall be the duty of the clerk of such (circuit) court, upon payment to him of the said sum' of five dollars as…