Buckley v. Sutton
| Decision Date | 08 January 1878 |
| Court | Michigan Supreme Court |
| Parties | Alonzo Buckley v. John B. Sutton |
Motion to dismiss writ of error.
Harrison Geer for the motion.
William Hemingway against.
A writ of error must be sued out within two years after judgment, and a party cannot prolong the time by moving to vacate the judgment, although considerable delay is made before the motion is decided. To hold otherwise would be to defeat the statute and enable any one to gain time by sham proceedings. The terms of the statute are obligatory on the court.
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...221 Ala. 308, 128 So. 599; J. S. Bache & Co. v. Locke, 86 Pa. Super. 501; Meadville Tel. Co. v. Shafer, 94 Pa. Super. 246; Buckley v. Sutton, 38 Mich. 1; Chapel A. M. E. Church v. Pease, 66 Ill.App. 552; Marder, Luse & Co. v. Campbell Printing Co., 76 Ill.App. 431. It must be kept in mind t......
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Kline v. Murray
... ... litigant cannot evade the express requirement of the statute ... by a motion to vacate or modify the judgment. In Buckley ... v. Sutton, 38 Mich. 1, it is said that "to hold ... otherwise would be to defeat the statute and enable any one ... to gain time by sham ... ...
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