Daly v. Litchfield
Michigan Supreme Court
On case made from Cass Circuit. The plaintiffs in this suit filed their bill in Chancery'against Litchfield to obtain the specific performance of a contract. A decree Laving been made in accordance with the prayer oí the bill, and awarding costs against Litchfield, he appealed therefrom to the Supreme Court, and gave the bond provided for by § 3597 of the Compiled Laws.
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On case made from Cass Circuit. The plaintiffs in this suit filed their bill in Chancery'against Litchfield to obtain the specific performance of a contract. A decree Laving been made in accordance with the prayer oí the bill, and awarding costs against Litchfield, he appealed therefrom to the Supreme Court, and gave the bond provided for by § 3597 of the Compiled Laws. The Supreme Court having affirmed the decree appealed from, with costs, this action was brought on the appeal bond, and the only question in the case was, whether the defendants were liable on the bond for the costs of the…
1Opinion of the Court
Christiancy J.:
We see no reason to doubt that the condition of the appeal bond (required by § 3597 Comp. L.) extends as well to the payment of costs decreed and taxed to the appellee in the Court beloAV as to those in this Court.
■ The condition of the bond is, “to pay all costs in case the decree or order of the Circuit Court in Chancery shall be affirmed.” By the English practice and that of some of the states the apjjeal does not operate as a supersedeas in the Court below. But under our statute (Comp. L. § 3598) the appeal operates as a stay of all proceedings in the Court below, and the…
2Cited by4 opinions
- Hughes v. Wayne Circuit JudgeMichigan Supreme Court · 1927
- Kennedy v. NimsMichigan Supreme Court · 1883
- Wilkinson v. Dunkley-Williams Co.Michigan Supreme Court · 1905
- Michie v. EllairMichigan Supreme Court · 1886