Stevens v. Townsend
Michigan Supreme Court
Appeal from the Court of Chancery. A motion was made by the appellees, to dismiss the appeal on the ground that the appellant had made default in the Court below, by failing to appear and argue the cause at the hearing whereupon the decree liad been entered, and that, therefore, no appeal would lie from such decree to this Court. The facts fully appear in the opinion of the Court.
Read the full summary
Appeal from the Court of Chancery. A motion was made by the appellees, to dismiss the appeal on the ground that the appellant had made default in the Court below, by failing to appear and argue the cause at the hearing whereupon the decree liad been entered, and that, therefore, no appeal would lie from such decree to this Court. The facts fully appear in the opinion of the Court. C. W. Lane, in support of the motion, contended that the equity jurisdiction of this Court was appellate only, R. S. 362, $3; Id. 379, $120, 121 ; Id. 359, $7; Id. 358, $3; Id. 379, $125; and, that the decree in…
1Opinion of the CourtWhipple, J.
Upon the entry of the appeal in this cause, by the appellant, a motion was made by the appellees to dismiss the same for the want of jurisdiction. The principal ground urged by the counsel in support of the motion, is,. that the decree having been entered by default, under rules prescribed by the Chancellor, and expressly authorized by the statute, cannot be the subject of an appeal to this Court.
It appears from the record, that the bill was filed against William L. Colby, Samuel B. Bumpus and the appellant, and was what is generally termed, a creditor’s bill, and also, a bill to set aside…
2Cited by27 opinions
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- Bulk Oil Transports, Inc. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1921
- Norton v. SwitzerSupreme Court of the United States · 1876
- Everett, Clarke & Benedict v. Alpha Portland Cement Co.Court of Appeals for the Second Circuit · 1915
- Coleman v. DobbinsIndiana Supreme Court · 1856
22 more not listed; retrieve them via the Exa API.