Canfield v. Brig City of Erie

Michigan Supreme Court

Canfield v. Brig City of Erie

21 Mich. 160, 1870 Mich. LEXIS 81

CourtMichigan Supreme Court

DecidedJuly 8, 1870

StatusPublished

Cited by2 cases

This text of 21 Mich. 160 (Canfield v. Brig City of Erie) 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

Canfield v. Brig City of Erie, 21 Mich. 160, 1870 Mich. LEXIS 81 (Mich. 1870).

Pincite

Opinion

Tiib Court held that the filing of the appeal bond Avithin five days from tho date of the entering of the appeal, Avas necessary to give this Court jurisdiction of tho cause. The case of Climie v. Odell, to which counsel had referred on the argument of the motion, was an appeal from a Justice’s Court, in which the Circuit Courts have power, on cause shoAvn, to permit an appeal to be entered, in cases where the statute had not been complied with; and in such cases, where there Avas a discretionary power in the appellate court to permit the appeal to be entered, the parties might reach the same result by stipulation. There is no such discretion in this Court on appeals under the water-craft act; and tho appeal must be dismissed for want of jurisdiction.

Appeal dismissed.

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Tiib Court held that the filing of the appeal bond Avithin five days from tho date of the entering of the appeal, Avas necessary to give this Court jurisdiction of tho cause. The case of Climie v. Odell, to which counsel had referred on the argument of the motion, was an appeal from a Justice’s Court, in which the Circuit Courts have power, on cause shoAvn, to permit an appeal to be entered, in cases where the statute had not been complied with; and in such cases, where there Avas a discretionary power in the appellate court to permit the appeal to be entered, the parties might reach the same result by stipulation. There is no such discretion in this Court on appeals under the water-craft act; and tho appeal must be dismissed for want of jurisdiction.

Appeal dismissed.

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Bluebook (online)

21 Mich. 160, 1870 Mich. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canfield-v-brig-city-of-erie-mich-1870.

Opinion

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