23 Mich. 92
Decided May 2, 1871
Michigan Supreme Court · decided 1871-05-02
This was an action of ejectment brought in the circuit court for the county of Wayne, by Crane against Reeder and others. There was judgment for the defendants in the court below, which was brought by plaintiff to this court for review on writ of error, and the judgment below reversed and a new trial awarded at the April term, 1871, of this court (See 22 Mich., S22), but no remittitur had been taken to the court below.
Decided 1871-05-02
¶1refused to entertain the motion, on the ground that they had no jurisdiction to grant such an order, for the reason that the case was not in this court. The fact that the plaintiff has delayed taking his remittitur does not affect the question. .
¶2held that they had not jurisdiction of the case for any purpose, and denied the motion for costs.