Allen v. Circuit Judge

Michigan Supreme Court

Allen v. Circuit Judge

1 McGrath 176

DecidedOctober 24, 1877

StatusPublished

This text of 1 McGrath 176 (Allen v. Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Circuit Judge, 1 McGrath 176 (Mich. 1877).

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Opinion

To vacate order dismissing appeal from Justice Court.

Granted October 24, 1877.

The circuit judge assumed that the act creating the Superior Court (Laws of 1875, p. 42, Laws of 1877, p. 138), divested the [180]*180circuit of jurisdiction and conferred it upon the Superior Court in cases where one of the parties was a resident of the city.

Held, that the. Circuit Courts and Justice Courts are constitutional courts, and the jurisdiction conferred upon them is beyond the reach of legislation.

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To vacate order dismissing appeal from Justice Court.

Granted October 24, 1877.

The circuit judge assumed that the act creating the Superior Court (Laws of 1875, p. 42, Laws of 1877, p. 138), divested the [180]*180circuit of jurisdiction and conferred it upon the Superior Court in cases where one of the parties was a resident of the city.

Held, that the. Circuit Courts and Justice Courts are constitutional courts, and the jurisdiction conferred upon them is beyond the reach of legislation.

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Bluebook (online)

1 McGrath 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-circuit-judge-mich-1877.