O'Flynn v. Eagle
Michigan Supreme Court
Error to Wayne Circuit. The writ was sued out by Holbrook & Bishop as attorneys for Cornelius O’Flynn and Daniel Finn, as plaintiffs in error, returnable April 5th, 1859, and was duly returned. Assignment of errors was filed May 28th, 1859.
1Opinion of the Court
By the Court:
We can not entertain this motion. The assignment of errors was filed in May, while this court was in session. A full term has elapsed since, and unless some very satisfactory reason is shown for the delay, we do not entertain motions, based upon irregularities, after the lapse of a term.
But the affidavits themselves we think aré insufficient. There is no positive showing here that the attorneys are not properly employed on behalf of Finn, but, on the contrary, the affidavits disclose the fact that O’Flynn is the real party in interest, and bound to protect Finn from liability. He…
2Cited by1 opinion
- In re SheehanDistrict Court, E.D. Michigan · 1873