Legal Opinion

In re Sanborn's Appeal

Michigan Supreme Court

Decided November 26, 1895PublishedCited by 1 opinion

Motion by John P. Sanborn for an order staying proceedings in the probate court of St. Clair county, under an order of the circuit court, pending a determination on writ of error.

1Opinion of the CourtMontgomery, J.

This proceeding originated in the probate court, where an order was made requiring the executor to furnish a further bond and to render an account. An appeal was taken to the circuit court, and on healing the appeal an order affirming the one made by the probate court was entered, and the case remanded for further proceedings in the probate court. The executor, after a lapse of some months, sued out a writ of error, and now asks for an order staying proceedings until the matter is disposed of.

The order is not according to the course of the common law, and, whatever the remedy of the executor…

2Cases cited5 opinions

  1. Holbrook v. CookMichigan Supreme Court · 1858
  2. Knorr v. MillardMichigan Supreme Court · 1884
  3. Elizabeth Brinsmade's AppealMichigan Supreme Court · 1884
  4. Fletcher v. ClarkMichigan Supreme Court · 1878
  5. Woolley v. CraneMichigan Supreme Court · 1891

3Cited by1 opinion

  1. In re Koenig's EstateMichigan Supreme Court · 1908

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