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60 Mich. 418

McKinnon v. Atkins

Michigan Supreme Court

Decided April 8, 1886

Michigan Supreme Court · decided 1886-04-08

Case made before judgment from Clare. (Hart, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. This is a case made before judgment, and was certified to this Court under circuit court rule 84, but the required statement of errors was not filed.' No exception was taken to the order of the circuit judge directing judgment for the plaintiff, nor is any error assigned thereon.

Cited by 2 later decisions — most recently October 1915

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Case dismissed · Decided 1886-04-08

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Champlin, J.

¶1This cause purports to be a case made before judgment. It appears to have been certified to this Court under rule 84 of the circuit court rules.

¶2That rule reqnires'a statement of errors to be filed, which has not been done.

¶3The record does not show that any exception was taken to the order of the circuit judge directing a judgment for plaintiff, nor is there any error assigned.

¶4The plaintiff in his brief relies upon these errors and irregularities, and they cannot be overlooked. An order must be entered dismissing the case out of this Court.

The other Justices concurred.
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