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25 Mich. 212

Cole v. Thayer

Michigan Supreme Court

Decided July 9, 1872

Michigan Supreme Court · decided 1872-07-09

Motion to dismiss writ of error, on the ground that the same was sued out in bad faith and contrary to the stipulation of two of said plaintiffs in error. The writ of error was in the name of Edward Cole,. Luman Jenison, and Hiram Jenison, as plaintiffs in error,, to review a judgment rendered against them as defendants, and in favor of said Thayer, as plaintiff, in the circuit court for the ^county of Ottawa.

Cited by 2 later decisions — most recently April 2007

1 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-07-09

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The Court

¶1held that tbe stipulation would preclude said Luman aud Hiram Jenison from suing out this writ of error, and as tbe writ is sued out in tbeir name jointly with that of said Cole, the writ must be dismissed. If Cole desired to review the judgment he should have sued out a sole writ in his own behalf, in accordance with rule 35 of this court.

¶2Motion granted.

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