Cameron v. Calkins

A motion was made in this case to dismiss the appeal because the case was not settled within three months from and after the date of the entry of the decree under Act No. 26, Public Acts 1877, p. 17.

The witnesses were examined in open court, and the appellant shows that he applied to and used due diligence to obtain from the official stenographer a copy of the testimony, but was unable so to do within the period named. We are of opinion that the limitation of time fixed by this statute cannot be applied to a case like the present. Cases must frequently arise where, owing to sickness or…