Legal Opinion

Jerome v. Wayne Circuit Judge

Michigan Supreme Court

Decided May 6, 1898PublishedCited by 7 opinions

Mandamus by Frank H. Jerome and others to compel Joseph W. Donovan, circuit judge of Wayne county, to dismiss an appeal from probate court.

1Opinion of the CourtLong, J.

It appears that the will of James W. Daley was admitted to probate in the Wayne probate court April 20, 1897. On May 1st following, Thomas O. Fitzpatrick et al. took an appeal from such order, but failed to perfect it by filing in the circuit court within 30 days thereafter a certified copy of the record or proceedings appealed from, as required by section 6782, 3 How. Stat., which provides, among other things, that—

*20“In case the record herein required to be filed in the circuit court shall not be filed in such court within the time herein directed, such appeal shall cease to be of effect, and…

2Cases cited3 opinions

  1. Merriman v. PeckMichigan Supreme Court · 1893
  2. Capen v. SkinnerMassachusetts Supreme Judicial Court · 1885
  3. Sanborn v. MitchellMichigan Supreme Court · 1893

3Cited by7 opinions

  1. Deering Harvester Co. v. JohnsonWisconsin Supreme Court · 1900
  2. Lohrstorfer v. LohrstorferMichigan Supreme Court · 1905
  3. Oakley v. DavidsonWisconsin Supreme Court · 1899
  4. Schmid v. Wayne Circuit JudgeMichigan Supreme Court · 1941
  5. Watson v. Kent Circuit JudgeMichigan Supreme Court · 1900

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