Smith v. Superintendents of the Poor

34 Mich. 58, 1876 Mich. LEXIS 107
CourtMichigan Supreme Court
DecidedApril 18, 1876
StatusPublished
Cited by7 cases

This text of 34 Mich. 58 (Smith v. Superintendents of the Poor) 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
Smith v. Superintendents of the Poor, 34 Mich. 58, 1876 Mich. LEXIS 107 (Mich. 1876).

Opinion

Cooley, Ch. J:

The writ of error in this case must be dismissed for want of jurisdiction. The proceeding in the court below was had under the statute, to compel a son to support his mother. The statute contemplates that it shall be summary in its character, and it is in no sense after the course of the common law. The order which the circuit court makes is not properly a judgment, and the method of enforcing it is by attachment. — Cortyp. L., ch. 49. It is true that in this case the parties appear to have proceeded in the circuit court to form an issue and have a jury trial, but that was by voluntary arrangement, and cannot affect the question of review. The remedy for that purpose is not by writ of error.

The other Justices concurred.

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Cite This Page — Counsel Stack

Bluebook (online)
34 Mich. 58, 1876 Mich. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-superintendents-of-the-poor-mich-1876.