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16 Mich. 62

Boardman v. Taylor

Michigan Supreme Court

Decided October 9, 1867

Michigan Supreme Court · decided 1867-10-09

This was a motion to enter and dismiss said appeal for want of prosecution. The appeal was taken April 19, 1867. An extension of time was granted by the court below in which to file a transcript, expiring June 18, 1867.

Decided 1867-10-09

The Court

¶1held that permission will only be granted to file a transcript when a party shows a sufficient excuse for any delay in sending it up and is ready to file it, when the *63motion to dismiss is made, or within such time as will satisfy the court; but that the facts here showed no excuse, and that appellant was bound to show that he had done all in his power to procure a return, and paid, or been ready to pay the Register’s fees if required by that officer. He was bound to use active'measures to have the papers sent up.

¶2Motion denied.

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