¶1denied the motion. The defect at which, the objection of plaintiff in error was aimed in the court below, and which deprived the circuit of jurisdiction, was one in the judgment of the justice, which was in his own favor; and one ought not to be allowed costs of proceedings had in affirmance of the validity of his own judgment, and which are subsequently held erroneous only because of an infirmity in that judgment.
28 Mich. 1
Harrison v. Sager
Decided October 7, 1873
Michigan Supreme Court · decided 1873-10-07
Sager sued Harrison in justice’s court. The cause was tried and submitted, and the justice took five days to consider and then rendered judgment for defendant. Sager appealed to the circuit, where defendant moved to dismiss the appeal for the reason that the justice had lost jurisdiction before he rendered judgment, and that therefore the circuit did not obtain jurisdiction through the appeal.
Decided 1873-10-07