Tompkins v. Bowen

• Decision Date: 13 March 1900
• Citation: 82 N.W. 51,123 Mich. 377
• Court: Michigan Supreme Court
• Parties: TOMPKINS v. BOWEN et al.

82 N.W. 51

123 Mich. 377

TOMPKINS v. BOWEN et al.

Supreme Court of Michigan

March 13, 1900

Error to circuit court, Genesee county; Charles H. Wisner, Judge.

Action by William H. Tompkins against Bruce S. Bowen and others. There was an order overruling a demurrer to the declaration, and defendants bring error. Dismissed.

Everett L. Bray, for appellants.

Williams & Wilson, for appellee.

PER CURIAM.

This is a demurrer to a declaration. The court below made an order overruling the demurrer, and gave the defendants until the first day of the next term to file and serve plea. No further order was made in the court below, and no final judgment entered. The defendants bring the case into this court by writ of error. The province of a writ of error is to bring up for review final judgments or determinations, and it is not employed to bring up interlocutory decisions made pending the litigation. Brady v. Railroad Co., 73 Mich. 457, 41 N.W. 503, and cases there cited. The writ of error must be dismissed, with costs. The merits are not open for discussion.