Polhemus v. Ann Arbor Savings Bank
Michigan Supreme Court
Plaintiff in error moved to strike the case from the' docket as improperly noticed for hearing for the reason that it was not in a condition to he noticed. The bill of exceptions was removed from the files for-amendment by order of the court by consent at the October term; and the amendments were not completed and the bill of exceptions had not been returned when the notice off hearing was served. Error to Washtenaw Circuit.
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Plaintiff in error moved to strike the case from the' docket as improperly noticed for hearing for the reason that it was not in a condition to he noticed. The bill of exceptions was removed from the files for-amendment by order of the court by consent at the October term; and the amendments were not completed and the bill of exceptions had not been returned when the notice off hearing was served. Error to Washtenaw Circuit. The sixth, seventh, eighth, and ninth assignments off error referred to in the opinion were as follows: “6. The said circuit court erred in each of its ruling» and…
1Opinion of the Court
The Court
held that the case was still in this court' notwithstanding the removal of the hill of exceptions for amendment, and was subject to be noticed for hearing.
Motion denied, with costs.
“ 7. The said circuit court erred in each of its rulings and decisions overruling each of the objections made on the part of said Polhemus to the reception of evidence offered on the part of said bank, which' was received in evidence and excepted to on the part of said Polhemus, as shown by Eaid bill of exceptions. “ 8. The said circuit court erred iu each of its decisions excepted to as shown by said bill…
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