Harmon v. Metcalfe
Michigan Supreme Court
Motion by Claude M. Harmon against Mary A. Met- - calfe, impleaded with others, to return papers in foreclosure proceedings to the circuit court for enrollment. On June 8,1903, complainant obtained a decree of foreclosure of a mortgage against defendant Metcalfe, and under it caused to be published a notice of sale to take place September 10th. On August 27th complainant filed in the circuit court a praecipe for the enrollment of the decree.
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Motion by Claude M. Harmon against Mary A. Met- - calfe, impleaded with others, to return papers in foreclosure proceedings to the circuit court for enrollment. On June 8,1903, complainant obtained a decree of foreclosure of a mortgage against defendant Metcalfe, and under it caused to be published a notice of sale to take place September 10th. On August 27th complainant filed in the circuit court a praecipe for the enrollment of the decree. Before such praecipe was filed, the defendant had taken an appeal to this court, but had given no bond. The register of the court had returned the…
1Opinion of the CourtGrant, J.
(after stating the facts). Prior to 1899, the defeated party in chancery cases was required, as a condition of his appeal, to give a bond conditioned for the performance or satisfaction of the decree. 1 Comp. Laws, § 550. That section was amended by the legislature of 1899 (Pub. Acts 1899, Act No. 243), providing that:
“ The court from whose decree said appeal shall be taken and perfected shall not stay proceedings in said cause for a longer period than until said appeal shall have been taken and perfected- unless the party taking such appeal shall, within Such time, file with the register of…
2Cases cited1 opinion
- Covell v. MoselyMichigan Supreme Court · 1867
3Cited by3 opinions
- Weber v. CostiganMichigan Supreme Court · 1905
- Bank of Commerce of Toledo v. CorlissMichigan Supreme Court · 1923
- Hayward v. O'ConnorMichigan Supreme Court · 1905