Legal Opinion

McDowell v. Fuller

Michigan Supreme Court

Decided January 4, 1915No. Docket No. 148Published

Error to Jackson; Parkinson, J. Assumpsit by Joseph S. McDowell, assignee of Alfred Wallerstein, against Otis Fuller, warden of the Michigan Reformatory at Ionia, for breach of a contract for convict labor. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtMoore, J.

This case is now here by writ of error. After it was brought here, the appellant made a motion to dismiss the writ, and also to dismiss the cause and all proceedings thereunder, and to decide the plaintiff was without authority to proceed further with this cause, or to attempt to collect the judgment of the lower court. We were of the opinion that it *641would be inconsistent to say, in a motion to dismiss, that we were without jurisdiction in the case, and at the same time exercise jurisdiction by passing upon the effect of the judgment rendered in the same case in the trial .court, and, as the…

2Cases cited35 opinions

  1. Ex Parte McCardleSupreme Court of the United States · 1869
  2. United States v. Schooner PeggySupreme Court of the United States · 1801
  3. Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
  4. McCullough v. VirginiaSupreme Court of the United States · 1898
  5. Hartung v. . the PeopleNew York Court of Appeals · 1860

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