State v. Eddy
| Decision Date | 28 October 1885 |
| Citation | 58 Mich. 318,25 N.W. 299 |
| Court | Michigan Supreme Court |
| Parties | STATE v. EDDY. |
Appeal from Isabella.
Moses Taggart, for the State.
Wisner & Draper, for respondent and appellant.
The circuit court for Isabella county having rendered a decree for taxes which is admitted to be erroneous and of no avail under present statutes, the only question presented to us is whether it should stand as a null decree, or should be formally annulled by reversal. We think, in conformity with the practice usual in such cases, it should be reversed, and both state and respondent placed where they would have been had no proceedings been brought into court. A decree of reversal will therefore be entered, saving all rights belonging to the state prior to such proceedings unchanged, and restoring the defendant to any rights he would have had prior to such proceedings. No costs will be awarded in either court.
(The other justices concurred.)
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Guidobono v. Jones
...and, in that way, place the affected parties back in the position that they held prior to the improper decree. See Michigan v Eddy, 58 Mich 318, 319; 25 NW 299 (1885). The Supreme Court did not reverse this Court's judgment or the trial court's order granting summary disposition in the orig......
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