Newbould v. Stewart
| Decision Date | 10 November 1866 |
| Citation | 15 Mich. 155 |
| Court | Michigan Supreme Court |
| Parties | John A. Newbould and others v. Charles H. Stewart and others |
Heard November 10, 1866
Appeal in chancery from Wayne circuit.
This was a motion to docket and dismiss the appeal.
Appeal dismissed as premature.
S. T. Douglass, for the motion
William Gray, contra.
The court below had announced its decision, but no decree had been actually drawn up or filed. It was held that under these circumstances there was no legal determination of the cause, and therefore nothing to appeal from. The appeal was dismissed as premature.
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Barnes v. Jeudevine, Docket No. 129606.
...speak through their judgments and decrees ...." Tiedman v. Tiedman, 400 Mich. 571, 576, 255 N.W.2d 632 (1977); see also Newbould v. Stewart, 15 Mich. 155 (1866). With respect to default judgments, the instant Court of Appeals panel "A default judgment is just as conclusive an adjudication a......
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...Huron Valley Bldg. & Savings Ass'n, 280 Mich. 12, 14, 273 N.W. 329 (1937); Kingsbury v. Kingsbury, 20 Mich. 212, 215 (1870); Newbould v. Stewart, 15 Mich. 155 (1866).5 Because this Court speaks only through its orders, it cannot properly, through construction of a court rule, make an opinio......
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...any expressions of opinion, so long as there is no decree capable of enforcement, or enforcing itself. See further--Newbould v. Stewart, 15 Mich. 155; Sellers v. Botsford, 9 Mich. The order in question, not being a decree, is not appealable. It has no analogy to the other class of appealabl......
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... ... Conklin, 98 Cal. 360, 33 ... P. 211; Condee v. Barton, 62 Cal. 1; Pitman v ... Thornton, 65 Me. 95; 11 Enc. Pl. & Pr. 828; Newbould ... v. Stewart, 15 Mich. 155; Cain v. Libby, 32 ... Minn. 491, 21 N.W. 739; Brady v. Burkee, 90 Cal. 1, 27 P. 52 ... A court ... ...