Monroe v. Rogers

Circuit Court of the 36th Circuit of Michigan

Monroe v. Rogers

1 Mich. N.P. 241

CourtCircuit Court of the 36th Circuit of Michigan

DecidedAugust 15, 1870

StatusPublished

This text of 1 Mich. N.P. 241 (Monroe v. Rogers) is published on Counsel Stack Legal Research, covering Circuit Court of the 36th Circuit of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Monroe v. Rogers, 1 Mich. N.P. 241 (Mich. Super. Ct. 1870).

Pincite

Opinion

By the Court,

Brown, J.

Plaintiff is entitled to the disputed items. The words without terms ” as used by the parties in [242]*242relation to a continuance, cannot be construed to mean a relinquishment of the term fee. Continuance “ without terms,” is. equivalent to saying,no terms shall be exacted as a condition to a continuance.” The term fee provided by law, Sess. L. 1867, p. 84, is to be paid to the prevailing party “ for every circuit or term at which the cause is regularly on the calandar and not reached, or is postponed, excluding that at which it is tried or heard,” See Root and Midler vs. Final, 1 Mich., N. P., 199.

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By the Court,

Brown, J.

Plaintiff is entitled to the disputed items. The words without terms ” as used by the parties in [242]*242relation to a continuance, cannot be construed to mean a relinquishment of the term fee. Continuance “ without terms,” is. equivalent to saying,no terms shall be exacted as a condition to a continuance.” The term fee provided by law, Sess. L. 1867, p. 84, is to be paid to the prevailing party “ for every circuit or term at which the cause is regularly on the calandar and not reached, or is postponed, excluding that at which it is tried or heard,” See Root and Midler vs. Final, 1 Mich., N. P., 199.

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Bluebook (online)

1 Mich. N.P. 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-v-rogers-micirct36-1870.