Montgomery v. Circuit Judge

Michigan Supreme Court

Montgomery v. Circuit Judge

1 McGrath 463

CourtMichigan Supreme Court

DecidedJune 14, 1893

DocketNo. 13566

StatusPublished

This text of 1 McGrath 463 (Montgomery 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

Montgomery v. Circuit Judge, 1 McGrath 463 (Mich. 1893).

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Opinion

To vacate an order adjudging relator guilty of contempt in against a witness for refusing to appear before a circuit court commissioner upon a commission issued from the Circuit Court to take testimony, to be used in a motion for a new trial.

[466]*466Denied June 14, 1893, without costs.

The circuit judge held that the commissioner had no jurisdiction to examine the witness, as, at the time the commission issued, no motion for a new trial had been entered, and further, that the word “deposition” as used by the statute, required a notice by the moving party to the other party, ánd no such notice had been given.

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To vacate an order adjudging relator guilty of contempt in against a witness for refusing to appear before a circuit court commissioner upon a commission issued from the Circuit Court to take testimony, to be used in a motion for a new trial.

[466]*466Denied June 14, 1893, without costs.

The circuit judge held that the commissioner had no jurisdiction to examine the witness, as, at the time the commission issued, no motion for a new trial had been entered, and further, that the word “deposition” as used by the statute, required a notice by the moving party to the other party, ánd no such notice had been given.

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Bluebook (online)

1 McGrath 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-circuit-judge-mich-1893.