Schurtz v. Kelley

• Decision Date: 21 February 1899
• Citation: 78 N.W. 332,119 Mich. 383
• Court: Michigan Supreme Court
• Parties: SCHURTZ v. KELLEY ET AL.

78 N.W. 332

119 Mich. 383

SCHURTZ v. KELLEY ET AL.

Supreme Court of Michigan

February 21, 1899

Error to circuit court, St. Joseph county; George L. Yaple, Judge.

Action by John G. Schurtz, administrator of Elemanda Bogert, against James W. Kelley and Hannah Kelley. Judgment for plaintiff, and defendants bring error. Affirmed.

Henry J. Barton, for appellants.

Hugh P. Stewart, for appellee.

PER CURIAM.

This case originated in justice court. In the circuit court, defendants moved a continuance, which was refused. Both parties noticed the case for trial. The motion was not made till the second week of the term, and no excuse was shown for delay in making the motion the first day of term, under Cir. Ct. Rule 22. Judgment affirmed.