Newcomb v. Miller

Circuit Court of the 10th Circuit of Michigan

Newcomb v. Miller

1 Mich. N.P. 55

CourtCircuit Court of the 10th Circuit of Michigan

DecidedNovember 29, 1869

StatusPublished

This text of 1 Mich. N.P. 55 (Newcomb v. Miller) is published on Counsel Stack Legal Research, covering Circuit Court of the 10th Circuit of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newcomb v. Miller, 1 Mich. N.P. 55 (Mich. Super. Ct. 1869).

Pincite

Opinion

Sutherland, J.

The exception was seasonable; the “return ” mentioned in the statute, Sec. 5019 C. L., is the return day.

Though by Section 5022, C. L., judgment of discontinuance [56]*56for such neglect to justify is required to be rendered. Sec. 5023 gives a discretion to allow anew bond to be filed, with sureties who will justify.

On filing such bond, and the sureties justifying, if exoepted to, and on payment of the costs of this motion, including an :attorney fee of ten dollars, this motion to be denied.

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Sutherland, J.

The exception was seasonable; the “return ” mentioned in the statute, Sec. 5019 C. L., is the return day.

Though by Section 5022, C. L., judgment of discontinuance [56]*56for such neglect to justify is required to be rendered. Sec. 5023 gives a discretion to allow anew bond to be filed, with sureties who will justify.

On filing such bond, and the sureties justifying, if exoepted to, and on payment of the costs of this motion, including an :attorney fee of ten dollars, this motion to be denied.

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Bluebook (online)

1 Mich. N.P. 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newcomb-v-miller-micirct10-1869.