Portsmouth Savings Bank v. Circuit Judge

Michigan Supreme Court

Portsmouth Savings Bank v. Circuit Judge

1 McGrath 492, 83 McGrath 646

DecidedDecember 24, 1890

StatusPublished

This text of 1 McGrath 492 (Portsmouth Savings Bank 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

Portsmouth Savings Bank v. Circuit Judge, 1 McGrath 492, 83 McGrath 646 (Mich. 1890).

Pincite

Opinion

To compel respondent to vacate an order granting a defendant leave to amend its plea by adding an affidavit, denying the execution of certain bonds sued upon.

Denied December 24, 1890.

Held, (1) that the allowance of an amendment, as in the nature of one to cover proofs, is within the discretion of the trial judge; (2) that only the trial judge to whom the case has been submitted for decision can properly hear and pass upon such a motion, and (3) that such motion is properly heard by the circuit judge before whom the suit was tried, though at the time of the entry of the motion the county in which the suit was tried has been made a part of another judicial circuit. See No. 890.

Free access — add to your briefcase to read the full text and ask questions with AI

To compel respondent to vacate an order granting a defendant leave to amend its plea by adding an affidavit, denying the execution of certain bonds sued upon.

Denied December 24, 1890.

Held, (1) that the allowance of an amendment, as in the nature of one to cover proofs, is within the discretion of the trial judge; (2) that only the trial judge to whom the case has been submitted for decision can properly hear and pass upon such a motion, and (3) that such motion is properly heard by the circuit judge before whom the suit was tried, though at the time of the entry of the motion the county in which the suit was tried has been made a part of another judicial circuit. See No. 890.

Cite This Page — Counsel Stack

Bluebook (online)

1 McGrath 492, 83 McGrath 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/portsmouth-savings-bank-v-circuit-judge-mich-1890.