Mittelstadt v. Kelly
Michigan Supreme Court
Error to Wayne; Dodds, J., presiding. Case by William Mittelstadt against George Kelly and Ira J. Kelly for personal injuries. Judgment for plaintiff. Defendants bring error.
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Error to Wayne; Dodds, J., presiding. Case by William Mittelstadt against George Kelly and Ira J. Kelly for personal injuries. Judgment for plaintiff. Defendants bring error. The cause of action arose October 3, 1915, the declaration (suit having been begun by summons, the date of which does not appear) was filed January 22, 1916, and the cause came on for trial June 28, 1917. Negligent management of an automobile by defendants is charged, resulting in a collision in which plaintiff was injured and some of his property destroyed. Among other things, it is alleged that the precautions required…
1Opinion of the CourtOstrander, C. J.
(after stating the facts). Plaintiff, referring to Circuit Court Rule No. 66, section 5, and Supreme Court Rule No. 8, raises the point that because assignments of error did not accompany the bill of exceptions when it was settled, and were not returned here with the exceptions, there are no alleged errors to be reviewed and the judgment should be affirmed. Apparently, the practice was irregular; but the bill was settled “by consent” and it is possible that the assignments of error were in fact before the court when it was settled. Nor was a motion made here to dismiss, but the point is made…
2Cases cited2 opinions
- Rothbarth v. HerzfeldAppellate Division of the Supreme Court of the State of New York · 1917
- Arndt-Ober v. Metropolitan Opera Co.Appellate Division of the Supreme Court of the State of New York · 1918
3Cited by15 opinions
- Fox v. LavenderUtah Supreme Court · 1936
- Leppard v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1929
- Frazier v. RumisekMichigan Supreme Court · 1960
- Robinson v. EbertWashington Supreme Court · 1935
- Rushing v. PolkSupreme Court of North Carolina · 1962
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