Eslow v. Township of Albion
Michigan Supreme Court
Appeal in Chancery from Calhoun Circuit. The defendants having elected after this cause was at issue, to have the witnesses examined in open court, and having given the requisite notice therefor, the complainants procured an order at chambers that instead of the trial in open court the proofs should be taken before a commissioner.
Read the full summary
Appeal in Chancery from Calhoun Circuit. The defendants having elected after this cause was at issue, to have the witnesses examined in open court, and having given the requisite notice therefor, the complainants procured an order at chambers that instead of the trial in open court the proofs should be taken before a commissioner. Proofs were so taken and the case proceeded to final decree, and -was then appealed to this court. — See 27 Mich., 4. It was there held that the judge had no power to make such an order at chambers; that the proofs taken were without authority and must be stricken…
1Opinion of the Court
The Couet
held that it was not within purview of an order nunc pro tunc to operate ex post facto to give force to • such chamber order, which was void for want of jurisdic*194tion; or to give validity to the proofs taken without authority of law under it; and that the case stood, therefore, with no valid evidence before the court.
Decree below modified so as to dismiss the bill without prejudice, and otherwise affirmed.
2Cited by8 opinions
- Fiehe v. Householder Co.Supreme Court of Florida · 1929
- Fiehe v. R. E. Householder Co.Supreme Court of Florida · 1929
- Chatterton v. BonelliWyoming Supreme Court · 1921
- Davis Colliery Co. v. Charlevoix Sugar Co.Michigan Supreme Court · 1908
- In Re Cannon's GuardianshipSupreme Court of Oklahoma · 1938
3 more not listed; retrieve them via the Exa API.