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1 Mich. Pr. 18

Kirt v. Kropp

Michigan Supreme Court

Decided April 15, 1896

Michigan Supreme Court · decided 1896-04-15

Motion to strike ease from docket for failure of appellant to seasonably serve copy of brief. Granted. 1. That under the rule the appellant’s brief should be served at least one full day before the case is placed on the calendar for hearing; that in this case a copy of said brief was served upon the attorney for the appellee on April 11, 1896, which was a sufficient service; citing Powers Practice, 276.

Decided 1896-04-15

¶1The facts as shown by the record and affidavits filed in support of the motion were as follows:

¶2« — That the writ of error was issued September 80, 1895, returnable October 25,1895, and was returned December 31, 1895, on which day copies of the printed record were filed.

¶36 — That the case was noticed for hearing for the April term, 1896; that copies of appellant’s brief were filed April 11, 1896, on which day a copy of said brief was served upon the attorney for the appellee.

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