VanBlarcom v. Ætna Insurance

Decided May 11, 1859

Michigan Supreme Court · decided 1859-05-11

<p>Where, after judgment in the circuit court, a party caused a case to be made and settled for review in this Court, but neglected for more than two years to cause the same to be certified to this Court by the clerk, — Held, That, by analogy to the statute limiting the time for bringing writs of error to two years, the case must be deemed to have been abandoned, and will be dismissed — at least unless the delay is sufficiently accounted for.</p>

Cited by 1 later decisions — most recently December 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-05-11

View the full empirical analysis of this case →

The Chibe Justice:

¶1The case must be dismissed. By analogy to the statute-limiting* the' time for bringing writs of error to two years, the party who, for that length of time, neglects to cause the case he has procured to be settled, to be returned to thisr Court, must be deemed to have abandoned it. If we look into tbe reasons given here for the delay, we can not regard them as sufficiently excusing it after the first six or eight-months.

¶2But as either party might have moved in the cause after-the case had been settled and filed, we will not give costa, on this motion.