Shafer v. Shafer
Michigan Supreme Court
Appeal in Chancery from Lapeer Circuit. This was a bill for divorce brought by the husband, on which a decree for complainant was rendered in the court below. Within a short time after the decree the complainant died, leaving a considerable estate.
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Appeal in Chancery from Lapeer Circuit. This was a bill for divorce brought by the husband, on which a decree for complainant was rendered in the court below. Within a short time after the decree the complainant died, leaving a considerable estate. After his death, but within the period allowed by statute for appeals in chancery, the defendant took an appeal to the supreme court, notices being served on the solicitor of record for the complainant in the court below, and on the administrator of the deceased complainant’s estate.
1Opinion of the Court
The Court
held that our statute regulating chancery appeals is broad enough to authorize such an appeal in a. cause thus circumstanced; but that before the appeal can be brought to a hearing, or any further proceedings had in the cause, the proper steps must be taken to bring in as parties the representatives of the deceased complainant, and his heirs at law.
Motion denied.
The Court held that, in view of the nature of the proceedings, and of the statute regulating the settlement of estates and the powers and duties of administrators, it was not authorized to require and enforce payment of…
2Cited by11 opinions
- Cox v. DoddSupreme Court of Alabama · 1941
- Seibly v. PersonMichigan Supreme Court · 1895
- Gantt v. BrownSupreme Court of Missouri · 1912
- Pingree v. PingreeMichigan Supreme Court · 1912
- Stapleton v. StapletonSupreme Court of Alabama · 1968
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