Palms v. Campau
Michigan Supreme Court
Motion by T. Romeyn, to dismiss a writ of certiorari. The Judge of Probate .for the county of Wayne made an order for the appointment of a guardian for Daniel Campan, as an incompetent person. After sixty days had expired from the making of this order, on a special application made to the Circuit Court under §8686 of the Compiled Laws, that Court made an order allowing an appeal to be taken with the same effect as if it had been taken seasonably.
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Motion by T. Romeyn, to dismiss a writ of certiorari. The Judge of Probate .for the county of Wayne made an order for the appointment of a guardian for Daniel Campan, as an incompetent person. After sixty days had expired from the making of this order, on a special application made to the Circuit Court under §8686 of the Compiled Laws, that Court made an order allowing an appeal to be taken with the same effect as if it had been taken seasonably. To remove to this Court the proceedings on the granting of this order, a writ of certiorari was sued out by Palms, which it was now moved to dismiss…
1Opinion of the Court
The Court,
remarking that a defect of jurisdiction could not be thus waived, dismissed the writ, on the ground that, before an adjudication upon the appeal by the Circuit Court, the proceedings could not be removed to this Court for review.
2Cited by9 opinions
- People ex rel. Wiley v. Judge of Allegan CircuitMichigan Supreme Court · 1874
- State v. SchneiderMissouri Court of Appeals · 1892
- Maynard v. Ingham Circuit JudgeMichigan Supreme Court · 1900
- People v. ThompsonMichigan Supreme Court · 1896
- Eels v. BailieSupreme Court of Iowa · 1902
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