7 Mich. 309
Decided October 19, 1859
Michigan Supreme Court · decided 1859-10-19
<p>The Court will not set asido a writ of error for want of a proper return, after the lapse of several years, during the most of which time the papers have been in possession of counsel for defendant in error, and joinder in error filed while the counsel had thb return in his hands.</p>
Relies on Evans v. Norris
Decided 1859-10-19
¶1This application comes too late. Issue in error was joined while the counsel had the papers in his hands, and there would be no equity in granting the motion after this long delay for which plaintiff hi error is not responsible. Whether there are merits in the case, is a question to be discussed at the hearing.
¶2Motion denied.
¶3 See Evans v. Norris, 6 Mich. 69.