Tompkins v. Bowen

Decided March 13, 1900

Michigan Supreme Court · decided 1900-03-13

Case by William H. Tompkins against Bruce S. Bowen and John B. Leitch, saloon-keepers, and George A. Cotharin and Charles B. Flanders, sureties on their liquor bond, to recover damages and the statutory penalty for selling intoxicating liquor to plaintiff’s minor daughter. From an order overruling a demurrer to the declaration, defendants bring error.

Cited by 1 later decisions — most recently March 1904

1 state decisions

Relies on Brady v. Toledo, Ann Arbor & North Michigan Railroad

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1900-03-13

View the full empirical analysis of this case →

Per Curiam.

¶1This is a demurrer to a declaration. The court below made an order overruling the demurrer, and gave the defendants until the first day of. the next term to file and serve plea. No further order was made in the court below, and no final judgment entered. The defendants bring the case into this court by writ of error. The province of a writ of error is to bring up for review final judgments or determinations, and it is not employed *378to bring up interlocutory decisions made pending tbe litigation. Brady v. Railroad Co., 73 Mich. 457 (41 N. W. 503), and cases there cited.

¶2The writ of error must be dismissed, with costs. The merits are not open for discussion.