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45 Mich. 326

Franks v. Smith

Michigan Supreme Court

Decided January 19, 1881

Michigan Supreme Court · decided 1881-01-19

<p> Jurisdiction on appeal from justices courts. </p> <p>The Circuit Court obtains no jurisdiction by an appeal from a justice’s^ court, if taken after the statutory period of five days allowed for taking it</p>

Relies on Dale v. Lavigne

Reversed · Decided 1881-01-19

Marston, C. J.

¶1This ease comes clearly within and is-disposed of by Dale v. Lavigne 31 Mich. 149. The appeal was not taken within the time allowed by the statute, and the-circuit court obtained no jurisdiction.

¶2The judgment must be reversed with costs of both courts..

The other Justices concurred.
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