Conrad v. Freeland
Michigan Supreme Court
Error to Wayne Circuit. This was an appeal from a justice of the peace to the Wayne Circuit. In that court, ou filing an affidavit of the justice that the sureties in the appeal bond did not justify before him, a motion was made to dismiss the appeal, and which was denied. A writ of error was then sued out, and the case brought to this court. The motion to dismiss was not set ont in the return to the writ of error.
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Error to Wayne Circuit. This was an appeal from a justice of the peace to the Wayne Circuit. In that court, ou filing an affidavit of the justice that the sureties in the appeal bond did not justify before him, a motion was made to dismiss the appeal, and which was denied. A writ of error was then sued out, and the case brought to this court. The motion to dismiss was not set ont in the return to the writ of error. Mr. Romeyn now moved for a further return to bring up the said motion.
1Opinion of the Court
The' court held that such a motion could not he brought up ou writ of error, and if the court below erred in refusing to grant it, the proper remedy h'ad not been sought in this case.
Motion denied.
2Cited by3 opinions
- People ex rel. Wiley v. Judge of Allegan CircuitMichigan Supreme Court · 1874
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