Same v. Same

Decided June 3, 1858

Michigan Supreme Court · decided 1858-06-03

<p>In a case •which originated before a Circuit Court Commissioner, and was appealed to, and tried in, the Circuit Court, and brought to this Court by writ of error after judgment; a motion made after four weeks in term, since the filing of joinder in error, for leave to amend the assignment of errors, so as to take an objection to the jurisdiction of the Commissioner which was not made before the Commissioner or in the Circuit Court, presents no equitable claim for the exercise of the discretionary power of the Court, and will be denied.</p>

Decided 1858-06-03

By the Court:

¶1We have no doubt whatever of the power of the Court to allow amendments to assignments of errors, and we should exercise this power whenever justice required it, and the application was seasonably made.

¶2But this application comes too late. No question of jurisdiction was made, either before the commissioner or in the Circuit Court; and though the party might, as matter of right, have taken the objection here in the first instance, when he comes now and asks leave as matter of favor to take it, the application presents no equitable claim upon the Court. Besides, four weeks in term have been suffered to *146elapse since the filing of joinder in error, before this motion is made, and the effect of granting it now might be to lose defendant in error a term.

¶3Motion denied.