Cole v. Thayer
Michigan Supreme Court
Motion to dismiss writ of error, on the ground that the same was sued out in bad faith and contrary to the stipulation of two of said plaintiffs in error. The writ of error was in the name of Edward Cole,. Luman Jenison, and Hiram Jenison, as plaintiffs in error,, to review a judgment rendered against them as defendants, and in favor of said Thayer, as plaintiff, in the circuit court for the ^county of Ottawa.
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Motion to dismiss writ of error, on the ground that the same was sued out in bad faith and contrary to the stipulation of two of said plaintiffs in error. The writ of error was in the name of Edward Cole,. Luman Jenison, and Hiram Jenison, as plaintiffs in error,, to review a judgment rendered against them as defendants, and in favor of said Thayer, as plaintiff, in the circuit court for the ^county of Ottawa. In support of the motion affidavits were read, showing that the cause was three times tried in the court below, each trial resulting in a verdict and judgment for the plaintiff;- that…
1Opinion of the Court
The Court
held that tbe stipulation would preclude said Luman aud Hiram Jenison from suing out this writ of error, and as tbe writ is sued out in tbeir name jointly with that of said Cole, the writ must be dismissed. If Cole desired to review the judgment he should have sued out a sole writ in his own behalf, in accordance with rule 35 of this court.
Motion granted.
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