Hamilton v. Circuit Judge

Michigan Supreme Court

Hamilton v. Circuit Judge

1 McGrath 172

DecidedJanuary 23, 1884

StatusPublished

This text of 1 McGrath 172 (Hamilton 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

Hamilton v. Circuit Judge, 1 McGrath 172 (Mich. 1884).

Pincite

Opinion

To reinstate an appeal from a judgment rendered by a justice, which had been dismissed because the affidavit for the appeal was not signed nor sworn to.

Granted January 23, 1884.

Held, that the affidavit must be treated as defective under How. Stat., Sec. 7020; that the court should have permitted a perfect affidavit to be filed, if needful to sustain the'appeal, but it was not needful after the appellee had appeared and noticed the case for trial, the defect being thereby waived.

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To reinstate an appeal from a judgment rendered by a justice, which had been dismissed because the affidavit for the appeal was not signed nor sworn to.

Granted January 23, 1884.

Held, that the affidavit must be treated as defective under How. Stat., Sec. 7020; that the court should have permitted a perfect affidavit to be filed, if needful to sustain the'appeal, but it was not needful after the appellee had appeared and noticed the case for trial, the defect being thereby waived.

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Bluebook (online)

1 McGrath 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-circuit-judge-mich-1884.