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50 Mich. 54

Hagar v. Coup

Michigan Supreme Court

Decided January 18, 1883

Michigan Supreme Court · decided 1883-01-18

<p>Jurisdiction of municipal cowrt — Non-rmdence.</p> <p>The Superior Court oí Detroit has no jurisdiction unless at least one of the parties is a resident of the city. Act 97 of 1879.</p> <p>The right to sue out a writ of error should be contested upon a motion to dismiss the writ, supported by proper showing.</p>

Cited by 2 later decisions — most recently November 1937

2 state decisions

Relies on Bagley v. Pridgeon

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1883-01-18

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Marston, J.

¶1¥e are of opinion that under the Act of 1879 and the case of Bagley v. Pridgeon 42 Mich. 551, residence of at least one of the parties in the city of Detroit is essential to confer jurisdiction upon the Superior Court, and that the parties cannot confer jurisdiction where none is given by the statute. Any other view would enable parties, if so disposed, to submit to and bring into that court all classes of personal actions from any part of the State.-

¶2If the appellees disputed the right of counsel to sue out *56the writ of error in this case, they should on motion and a proper showing have moved to dismiss the writ.

¶3The judgment must be reversed with.costs of both courts.

The other Justices concurred.
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