Draper v. Tooker
Michigan Supreme Court
Error to Jackson Circuit. Tbis was an action of assumpsit brought before a Justice of the Peace to recover tbe amount due upon a promissory note. Judgment was rendered for plaintiff. Tbe defendant applied to tjie Circuit Court for leave to take a special appeal, under tbe statute, claiming tbat be bad been prevented from appealing within tbe usual time by circumstances not under his control. Tbe appeal was granted. Tbe facts are stated in tbe opinion.
1Opinion of the Court
Ckristiancy J.
The first question presented in this case is whether the appeal from the judgment of the Justice was authorized by section 190, of Chapter 117 of the Gomp. L. the appeal having been taken more than five days after the rendition of the judgment?
By the 184th section, the time for appealing is fixed “within five days after the rendition of the judgment.” But the 190th section enacts that “appeals may be authorized by the Circuit or District Court after the expiration of five days, when the party making the appeal has been prevented from taking the same by circumstances not under Ms…
2Cited by7 opinions
- Huddleston v. Charles Amos & Co.Michigan Supreme Court · 1914
- Stanton v. Wayne Circuit JudgeMichigan Supreme Court · 1901
- Combs v. WilberMichigan Supreme Court · 1894
- Selby v. BradingMichigan Supreme Court · 1922
- Villa v. Fraser Civil Service CommissionMichigan Court of Appeals · 1975
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