¶1held that the application was too late. The object of requiring notice to be given of the writ, is that the defendant in error may be apprised of the proceedings which are being taken; and when he is otherwise informed, and does not move promptly to take advantage of the omission, he will be held to have waived the objection.
9 Mich. 261
Smith v. Mitchell
Decided October 29, 1861
Michigan Supreme Court · decided 1861-10-29
<p>'Where plaintiff in error failed to give notice of suing out tlio writ of error, but served assignment of errors, anil defendant in error a year and a half thereafterjnovod to dismiss the writ for want of notice of its being issued, it was held be was too late to take advantage of the omission.</p>
Decided 1861-10-29