McBride v. Rea
| Decision Date | 04 April 1876 |
| Citation | 33 Mich. 347 |
| Court | Michigan Supreme Court |
| Parties | Mary A. McBride v. William J. Rea and others |
Heard April 4, 1876
Appeal in Chancery from Superior Court of Detroit.
The testimony having been taken in open court, no case was settled, as required, within the period prescribed by the statute. Subsequently, however, at request of defendants and appellants, the judge of the court below certified up a transcript of the minutes of the stenographer who had taken down the testimony, as the whole evidence in the cause, but the certificate failed to state or show that a case had been regularly settled.
Otto Kirchner, for complainant, moved to dismiss the appeal for the reason that no case had been settled as required by the statute where the testimony is taken in open court.
Charles C. Hickey, for defendants.
The Court denied the motion, but granted leave to complainant, if not satisfied with the proofs as returned, to have the case resettled.
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Lake Shore & M.S. Ry. Co. v. Chambers
... ... The ... effect of filing the claim for appeal, and the bond, was to ... transfer the cause to this court, and the motion to dismiss ... should have been made here. Such appears to be the uniform ... practice. Covell v. Mosely, 15 Mich. 514; ... Babcock v. Twist, 16 Mich. 282; McBride v ... Rea, 33 Mich. 347; Ball v. Ball, 18 Mich. 380 ... 2. Even ... if the right to settle a case were lost, the appeal would not ... lapse, but appellants would have a right to a hearing in this ... court upon the pleadings, files, and records in the cause ... Shelden v ... ...
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Hill v. Hill
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