French v. Weise
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by Albert E. French against Charles Weise for work and labor performed. From a judgment for plaintiff on verdict directed by the court, defendant brings error. Plaintiff brought suit in justice’s court, was defeated, and took a general appeal to the circuit court. The attorney for plaintiff entered his appearance in the circuit court, and, before any appearance by defendant, caused an order to be entered discontinuing the suit.
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Error to Wayne; Hosmer, J. Assumpsit by Albert E. French against Charles Weise for work and labor performed. From a judgment for plaintiff on verdict directed by the court, defendant brings error. Plaintiff brought suit in justice’s court, was defeated, and took a general appeal to the circuit court. The attorney for plaintiff entered his appearance in the circuit court, and, before any appearance by defendant, caused an order to be entered discontinuing the suit. This suit was then brought in the circuit court for the identical cause of action as that in the former suit, and plaintiff…
1Opinion of the CourtGrant, J.
(after stating the facts). Upon a general appeal from a justice’s court to the circuit court, the suit is for trial de novo, and is subject to the same rules as though originally brought in the latter court. 2 How. Stat. § 7014. Upon the dismissal or discontinuance of the appeal, the judgment of the justice’s court is revived. Id. §§ 7021, 7023. The discontinuance of an appeal provided for in the statute is not the same as a discontinuance of a suit pending in court. Plaintiff may, upon the trial, submit to a nonsuit, or voluntarily discontinue before trial, in a suit brought into the circuit…
2Cited by8 opinions
- Thomas Gemmell, Inc. v. Svea Fire & Life InsuranceSupreme Court of Virginia · 1936
- Klopfenstein v. RohlfingMichigan Supreme Court · 1959
- Garfield v. Mansfield Steel Corp.Michigan Supreme Court · 1923
- Goin v. ChuteOregon Supreme Court · 1927
- Hailey v. Saginaw Justice of the PeaceMichigan Supreme Court · 1948
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