Higgins v. Higgins

Michigan Supreme Court

Higgins v. Higgins

88 N.W.2d 292, 351 Mich. 214, 1958 Mich. LEXIS 507

CourtMichigan Supreme Court

DecidedMarch 4, 1958

DocketDocket 22, Calendar 47,070

StatusPublished

Cited by1 cases

This text of 88 N.W.2d 292 (Higgins v. Higgins) 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.

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Higgins v. Higgins, 88 N.W.2d 292, 351 Mich. 214, 1958 Mich. LEXIS 507 (Mich. 1958).

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Opinion

Per Curiam.

This is a divorce case. Decree was entered on January 16,1956. Calendar entries thereafter made indicate the various steps taken in the case:

*215 . “1956

“Feb. 3. Petition for rehearing and notice thereon filed. * * *

“Feb. 10. Order denying the motion-petition for a rehearing with costs to the defendant signed. * * *

“Mar. 5. Claim of appeal and notice filed ($5 fee paid). * * *

“Aug. 15. Claim of appeal and notice of appeal filed ($5 fee paid). * * *

“Oct. 19. Certified copy of order of the Supreme Court dismissing plaintiff’s appeal October 2, 1956, filed.”

The records of this Court disclose that on October 25, 1956, appellant made application for leave to file a delayed appeal, setting up facts purporting to show merit in the appeal sought and lack of culpability of counsel. Answer opposing application was filed, denying the merits of the claimed appeal and asserting culpable negligence in appellant. This Court, on December 4, 1956, granted appellant’s motion. Thereafter the following steps were taken:

“Dec. 19, 1956. Claim of appeal and notice of appeal and copy of order of Supreme Court granting leave to file delayed appeal filed ($5 fee paid). * * *

“Jan. 30, 1957. Settled case on appeal, statement of reasons and grounds for appeal signed, filed (Judge Victor J. Baum).”

The record on appeal and appellee’s brief were received, respectively, in this Court on May 4, 1957 and December 6, 1957. The case was reached on the call in due course on January 8, 1958. Appellant neither responded to the call nor had appellant’s brief on such date been filed with the Court. * The Court accordingly ruled from the Bench that the decree below was affirmed, without passing on the merits thereof, by reason of appellant’s default in *216 compliance with Court Rule No 69 (1945). Grevnin v. Grevnin, 319 Mich. 110.

Affirmed. Costs to appellee.

Dethmers, C. J., and Carr, Kelly, Smith, Black, Edwards, Yoelker, and Kavanagh, JJ., concurred.

*

Brief was filed in this Court on January 18, 1958.

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Per Curiam.

This is a divorce case. Decree was entered on January 16,1956. Calendar entries thereafter made indicate the various steps taken in the case:

*215 . “1956

“Feb. 3. Petition for rehearing and notice thereon filed. * * *

“Feb. 10. Order denying the motion-petition for a rehearing with costs to the defendant signed. * * *

“Mar. 5. Claim of appeal and notice filed ($5 fee paid). * * *

“Aug. 15. Claim of appeal and notice of appeal filed ($5 fee paid). * * *

“Oct. 19. Certified copy of order of the Supreme Court dismissing plaintiff’s appeal October 2, 1956, filed.”

The records of this Court disclose that on October 25, 1956, appellant made application for leave to file a delayed appeal, setting up facts purporting to show merit in the appeal sought and lack of culpability of counsel. Answer opposing application was filed, denying the merits of the claimed appeal and asserting culpable negligence in appellant. This Court, on December 4, 1956, granted appellant’s motion. Thereafter the following steps were taken:

“Dec. 19, 1956. Claim of appeal and notice of appeal and copy of order of Supreme Court granting leave to file delayed appeal filed ($5 fee paid). * * *

“Jan. 30, 1957. Settled case on appeal, statement of reasons and grounds for appeal signed, filed (Judge Victor J. Baum).”

The record on appeal and appellee’s brief were received, respectively, in this Court on May 4, 1957 and December 6, 1957. The case was reached on the call in due course on January 8, 1958. Appellant neither responded to the call nor had appellant’s brief on such date been filed with the Court. * The Court accordingly ruled from the Bench that the decree below was affirmed, without passing on the merits thereof, by reason of appellant’s default in *216 compliance with Court Rule No 69 (1945). Grevnin v. Grevnin, 319 Mich. 110.

Affirmed. Costs to appellee.

Dethmers, C. J., and Carr, Kelly, Smith, Black, Edwards, Yoelker, and Kavanagh, JJ., concurred.

*

Brief was filed in this Court on January 18, 1958.

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88 N.W.2d 292, 351 Mich. 214, 1958 Mich. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgins-v-higgins-mich-1958.

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