French v. Weise

• Decision Date: 11 May 1897
• Citation: 112 Mich. 586,70 N.W. 1101
• Court: Michigan Supreme Court
• Parties: FRENCH v. WEISE.

70 N.W. 1101

112 Mich. 586

FRENCH v. WEISE.

Supreme Court of Michigan

May 11, 1897

Error to circuit court, Wayne county; George S. Hosmer, Judge.

Action by Albert E. French against Charles Weise. Judgment for plaintiff. Defendant appeals. Affirmed.

Gartner & Stricker, for appellant.

James H. Pound, for appellee.

GRANT, J.

Upon a general appeal from a justice's court to the circuit court, the suit is for trial de novo, and is subject to the same rules as though originally brought in the latter court. How. Ann. St. � 7014. Upon the dismissal or discontinuance of the appeal, the judgment of the justice's court is revived. Id. �� 7021, 7023. The discontinuance of an appeal provided for in the statute is not the same as a discontinuance of a suit pending in court. Plaintiff may, upon the trial, submit to a nonsuit or voluntarily discontinue before trial in a suit brought into the circuit court by appeal, as well as in one brought there by original writ or declaration. The judgment is affirmed. The other justices concurred.