Detroit v. Blackeby
| Decision Date | 19 April 1870 |
| Court | Michigan Supreme Court |
| Parties | The City of Detroit v. William Blackeby, et al |
Motion to strike out the bill of exceptions denied with costs.
George H. Prentis, moves to strike out the bill of exceptions in this cause, on the ground that it was not settled within the time prescribed by the rules and practice of the Court.
J. P. Whittemore read an affidavit in opposition to the motion, showing that the bill of exceptions was presented to the Circuit Judge during the trial term; and that the time for settling it was extended from time time, in order to afford an opportunity for the defendant in error to prepare amendments.
Where parties have prepared their bill of exceptions, and presented it in season to the Judge, they are not responsible for subsequent delays for which they are in no wise at fault; and the bill will not be stricken out under such circumstances. In the present case plaintiffs in error were prompt, and the delays were on the other side. The motion to strike out the bill of exceptions is denied with costs.
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Watson v. Watson
...364; 81 Ky. 475; 31 Ohio St. 103; 106 Ind. 152; 107 Ind. 32. See also 10 N.E. 78; 40 Ill. 98; 121 Ill. 321; 122 U.S. 138; 20 How., 383; 20 Mich. 219. The Arkansas cases do conflict with this ruling. In 52 Ark. 554, 42 Ark. 488, 35 Ark. 386, and 35 Ark. 395, the exceptions were not filed at ......
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