Moore v. Ellis
Michigan Supreme Court
Appeal in Chancery, from Washtenaw Circuit.' This was a motion to dismiss the appeal in said cause, for want of prosecution. The appeal was taken June 13, 1865. The usual bond was filed on the 10th day of August following, and a transcript of the record was filed in this court on the 6th day of October, 1868.
1Opinion of the Court
The Court held that, as the bond was not filed within the forty days required by the statute. — Oomp. Laws, $8,697 it becomes a jurisdictional fact, and confers no jurisdiction upon this Court, and that no laches upon the part of defendant in bringing on the motion Pan confer such jurisdiction.
2Cited by7 opinions
- Dowell v. CaruthersSupreme Court of Kansas · 1882
- Lamberton v. PawloskiMichigan Supreme Court · 1929
- Jackson v. HaislySupreme Court of Florida · 1891
- Vaill v. Town CouncilSupreme Court of Rhode Island · 1893
- Sloss v. YoungMichigan Supreme Court · 1936
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