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30 Mich. 264

Ackley v. Sager

Michigan Supreme Court

Decided October 7, 1874

Michigan Supreme Court · decided 1874-10-07

Motion to dismiss case made after judgment. This case was commenced before á justice and carried to the circuit by appeal, where judgment was rendered January 3, 1874.- On June 1, 1874, the circuit judge settled a case.

Decided 1874-10-07

The Court

¶1held that the rule referred to regulated the filing in the circuit court, and has ho relation to the practice in the supreme court; that it was decided in Van Blarcom v. The Ætna Ins. Co., 6 Mich., 299, that the time limited for bringing writs of error was so far analogous that a failure to return the settled case into the supreme court within the like time, which is two years, ought to justify a dismissal; and that a dismissal ought not to be ordered on the ground of delay merely, where that is for a less period than that given by the statute for bringing writs of error.

¶2Motion denied.

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