Willis v. Gimbert
Michigan Supreme Court
Error to Calboun Circuit. Defendant in error moved to dismiss tbe writ on tbe ground that tbe determination complained of was a summary statutory proceeding, and not according to tbe course of the common law, and that therefore error was not ihé proper remedy. The court beld that error was the proper remedy, and denied the motion.
1Opinion of the CourtCooley, J.
The writ of error in this case is sued out to reverse a judgment of the circuit court, dismissing an appeal from a justice’s court, with costs. The dismissal was upon the ground that the appellant had failed to bring the case to trial in accordance with a rule, numbered 100, which had been adopted by the circuit court, and which the circuit judge held was obligatory upon him. The rule in question is as follows:
“Rule 100. Any civil cause hereafter brought into this ■court by appeal from the judgment of a justice of the peace, shall, at the instance of the appealing party, be duly noticed for…
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