Czarnecki v. Przybyl

Michigan Supreme Court

Czarnecki v. Przybyl

247 Mich. 438

CourtMichigan Supreme Court

DecidedJune 20, 1929

DocketDocket No. 66, Calendar No. 34,292

StatusPublished

This text of 247 Mich. 438 (Czarnecki v. Przybyl) 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

Czarnecki v. Przybyl, 247 Mich. 438 (Mich. 1929).

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Opinion

Clark, J.

Decree was signed and entered on May 25, 1926, and enrolled on June 17, 1926. Petition for rehearing was filed by defendants on November 21, 1927, which after hearing was denied, on condition, however, that plaintiffs pay $200 into court for defendants. Defendants appealed, and later plaintiffs also filed claim of appeal. Circuit Court Rule No. 56, § 1, provides:

“On proper cause shown, a rehearing of an equitable action may be had. No application for such [439]*439rehearing shall be heard unless filed within four months from the entry of the final decree.”

Defendants were not entitled to rehearing after the lapse of four months from the entry of the final decree. Domboorajian v. Domboorajian, 235 Mich. 668. See, also, Union Trust Co. v. Detroit Trust Co., 240 Mich. 646; Grimore v. Arenac Circuit Judge, 243 Mich. 151.

The petition for rehearing is denied unconditionally, and the order so modified is affirmed, with costs to plaintiffs.

North, C. J., and Fead, Fellows, Wiest, McDonald, Potter, and Sharpe, JJ., concurred.

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Clark, J.

Decree was signed and entered on May 25, 1926, and enrolled on June 17, 1926. Petition for rehearing was filed by defendants on November 21, 1927, which after hearing was denied, on condition, however, that plaintiffs pay $200 into court for defendants. Defendants appealed, and later plaintiffs also filed claim of appeal. Circuit Court Rule No. 56, § 1, provides:

“On proper cause shown, a rehearing of an equitable action may be had. No application for such [439]*439rehearing shall be heard unless filed within four months from the entry of the final decree.”

Defendants were not entitled to rehearing after the lapse of four months from the entry of the final decree. Domboorajian v. Domboorajian, 235 Mich. 668. See, also, Union Trust Co. v. Detroit Trust Co., 240 Mich. 646; Grimore v. Arenac Circuit Judge, 243 Mich. 151.

The petition for rehearing is denied unconditionally, and the order so modified is affirmed, with costs to plaintiffs.

North, C. J., and Fead, Fellows, Wiest, McDonald, Potter, and Sharpe, JJ., concurred.

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247 Mich. 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/czarnecki-v-przybyl-mich-1929.

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