Ackley v. Sager
Michigan Supreme Court
Motion to dismiss case made after judgment. This case was commenced before á justice and carried to the circuit by appeal, where judgment was rendered January 3, 1874.- On June 1, 1874, the circuit judge settled a case.
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Motion to dismiss case made after judgment. This case was commenced before á justice and carried to the circuit by appeal, where judgment was rendered January 3, 1874.- On June 1, 1874, the circuit judge settled a case. The plaintiff’s attorney, having been served about the middle of June with a printed copy of the case, supposed the case had been returned and filed in the supreme court, and noticed it for hearing at the July term; but after having filed his note, of issue and prepared his brief, he ascertained that the case had not been filed. He then caused execution to issue upon the…
1Opinion of the Court
The Court
held that the rule referred to regulated the filing in the circuit court, and has ho relation to the practice in the supreme court; that it was decided in Van Blarcom v. The Ætna Ins. Co., 6 Mich., 299, that the time limited for bringing writs of error was so far analogous that a failure to return the settled case into the supreme court within the like time, which is two years, ought to justify a dismissal; and that a dismissal ought not to be ordered on the ground of delay merely, where that is for a less period than that given by the statute for bringing writs of error.
Motion…
2Cases cited1 opinion
- VanBlarcom v. Ætna InsuranceMichigan Supreme Court · 1859