Rawson v. Parsons
Michigan Supreme Court
Error to Branch Circuit. The action was ejectment. With the plea of the general issue, the defendant filed the following notice: “Sir, Talte notice, That the defendant will give in evidence on the trial of this cause, that he has been in actual possession of the premises set forth and described in the plaintiff’s declaration, for six successive years (and more) before the commencement of this suit; claiming title by virtue of a sale made by the treasurer of the county of…
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Error to Branch Circuit. The action was ejectment. With the plea of the general issue, the defendant filed the following notice: “Sir, Talte notice, That the defendant will give in evidence on the trial of this cause, that he has been in actual possession of the premises set forth and described in the plaintiff’s declaration, for six successive years (and more) before the commencement of this suit; claiming title by virtue of a sale made by the treasurer of the county of Branch, for the non-payment of the taxes assessed thereon in the years 1841 and 1842. The defendant, therefore, hereby…
1Opinion of the Court
Christiancy J.:
The first error assigned in this case raises the question, whether, under sec. 2 of the act of February 14th, 1853 (Comp, J. §3436), the decision of the court can legally be given after “the first day of the term succeeding that in which the cause was submitted.”
We are all of opinion that this provision, as relates to the time within which the decision shall be given and filed, is directory merely. It imposes a duty upon the judge; but as the parties have no control over his action, it would be a harsh construction which should deprive them of the fruits of the litigation…
2Cited by8 opinions
- Brodak v. BrodakCourt of Appeals of Maryland · 1982
- Fagnani v. Integrity Finance CorporationSuperior Court of Delaware · 1960
- Allen v. LewisWyoming Supreme Court · 1919
- In Re the Objections to the Certificates of Nomination of HennessyNew York Court of Appeals · 1900
- City of Los Angeles v. HannonCalifornia Court of Appeal · 1926
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