Tompkins v. Bowen
Michigan Supreme Court
Error to Genesee; Wisner, J. Case by William H. Tompkins against Bruce S. Bowen and John B. Leitch, saloon-keepers, and George A. Cotharin and Charles B. Flanders, sureties on their liquor bond, to recover damages and the statutory penalty for selling intoxicating liquor to plaintiff’s minor daughter. From an order overruling a demurrer to the declaration, defendants bring error.
1Per curiam
This is a demurrer to a declaration. The court below made an order overruling the demurrer, and gave the defendants until the first day of. the next term to file and serve plea. No further order was made in the court below, and no final judgment entered. The defendants bring the case into this court by writ of error. The province of a writ of error is to bring up for review final judgments or determinations, and it is not employed *378to bring up interlocutory decisions made pending tbe litigation. Brady v. Railroad Co., 73 Mich. 457 (41 N. W. 503), and cases there cited.
The writ of error must be…
2Cases cited1 opinion
- Brady v. Toledo, Ann Arbor & North Michigan RailroadMichigan Supreme Court · 1889
3Cited by1 opinion
- Dodge v. NicholsMichigan Supreme Court · 1904