Tefft v. Windsor
Michigan Supreme Court
Error to Wayne Circuit. This was a motion to dismiss the writ in this case, for the reason that the bill of exceptions was signed by the Circuit Judge after he had resigned his office.
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Error to Wayne Circuit. This was a motion to dismiss the writ in this case, for the reason that the bill of exceptions was signed by the Circuit Judge after he had resigned his office. Mr. Duffield moved to dismiss the writ of error on the ground that the bill of exceptions was allowed to be signed by the Circuit Judge after he resigned his office, and to be dated back within his term, on the stipulation that the • writ should issue in time to have the case placed on the docket, and heard at the present term, which had not been done. showed that the delay in having the bill signed, and which…
1Opinion of the Court
Campbell J.'
The writ of error and bill of exceptions are both in due form, and upon their face are entirely legal, and there is no denial that the bill is settled according to the facts. This being so, I think when a party is sought to be deprived of his legal right, on grounds outside of the record, he is entitled to have the benefit of any equities in his favor. In this case there Avould have been no difficulty in having the bill settled, but for the resignation of the judge. ' Where a party loses his exceptions on any such ground, it is always customary to grant a new trial if there is any…
2Cases cited1 opinion
- Scribner v. GayMichigan Supreme Court · 1858
3Cited by3 opinions
- Henrichsen v. SmithOregon Supreme Court · 1896
- Stirling v. WagnerWyoming Supreme Court · 1892
- People v. MosleyMichigan Supreme Court · 1924