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32 Mich. 490

Churchill v. Burt

Michigan Supreme Court

Decided October 20, 1875

Michigan Supreme Court · decided 1875-10-20

<p>Probate matters: Appeals: Common-laio judgment: Review: Writ of error. The decision of the circuit court affirming on appeal an order of the probate court, extending a commission on claims and directing the commissioners to hear and adjudicate upon a specified claim, is not a common-law final order or judgment, and cannot be reviewed on writ of error.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1875-10-20

How this case has been cited

Cited by 3 later decisions — most recently January 1914

3 state decisions

1018751880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per CuriaM:

¶1Defendant in error brought a claim against the estate of John Burt before commissioners of claims, and upon their report being made it was insisted by her that they had not passed upon her claim, and she thereupon applied to the probate court either to hear the claim or remit it for hearing to the commissioners. The plaintiffs in error demurred to the application, and the probate court thereupon made an order extending the time of the commissioners and for them to adjudicate upon' the claim. The' plaintiffs, in error then appealed from this order to the circuit court, and that court affirmed it. The plaintiffs in error then sued out this writ, of error to obtain a revision of the decision of the circuit, in affirming the order of the probate court. We think that the determination of the circuit court was not a common-law final order or judgment, and is not reviewable upon writ of error.

¶2The writ was improvidently issued, and must be dismissed.

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