Legal Opinion · Concurrence

Milewski v. Wayne Circuit Judge

Michigan Supreme Court

Decided March 3, 1931No. Calendar 35,447Published

1ConcurrenceWiest, J.

I concur in holding that the circuit judge was right in refusing to enter summary judgment, but do not concur in holding that lapse of time without more works release of the bail. The statute was invoked and considered in Rogers v. Jackson Circuit Judge, 250 Mich. 83, but no claim was there made that time alone exonerated the bail.

In Vandergazelle v. Rodgers, 57 Mich. 132, this court stated the law on the subject as follows:

“The record shows that about seven months elapsed after the rendition of the judgment before the fi. fa. was issued. The delay is unexplained, and is claimed by…

2Cases cited2 opinions

  1. Rogers v. Jackson Circuit JudgeMichigan Supreme Court · 1930
  2. Vandergazelle v. RodgersMichigan Supreme Court · 1885

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