Backus v. Trumbull Motor Car Co.
Michigan Supreme Court
Error to Wayne; Hally, J. Assumpsit by Henry N. Backus and others against the Trumbull Motor Car Company for breach of contract. A plea in abatement was ordered stricken from the files. Defendent brings error.
1Opinion of the CourtMoore, J.
This case has been in this court before. It is reported in Trumbull Motor Car Co. v. Circuit Judge, 189 Mich. 554 (155 N. W. 532). A reference to the opinion there rendered will make a long statement of facts unnecessary. After the opinion referred to was handed down, a plea in abatement was filed, and later upon motion was stricken from the files. No final judgment was ever entered. The case is brought here by writ of error.
We think, there being no final judgment in the case, the writ of error must be dismissed. See Brady v. Railroad Co., 73 Mich. 457 (41 N. W. 503), and Steel v. Circuit…
2Cases cited3 opinions
- Steel v. Clinton Circuit JudgeMichigan Supreme Court · 1903
- Brady v. Toledo, Ann Arbor & North Michigan RailroadMichigan Supreme Court · 1889
- Trumbull Motor Car Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1915
3Cited by2 opinions
- Brown v. AdlerMichigan Supreme Court · 1937
- Mondou v. Lincoln Mutual Casualty Co.Michigan Supreme Court · 1938