¶1A writ of error must be sued out within two years after judgment, and a party cannot prolong the time by moving to vacate the judgment, although considerable delay is made before the motion is decided. To hold otherwise would be to 'defeat the statute and enable any one to gain time by sham proceedings. The terms of the statute are obligatory on the court.
38 Mich. 1
Buckley v. Sutton
Decided January 8, 1878
Michigan Supreme Court · decided 1878-01-08
<p> Time for bringing Error. </p> <p>One cannot gain time for suing out a writ of error by moving to vacate judgment.</p>
Granted · Decided 1878-01-08