Michigan Supreme Court, 1870

Climie v. Odell

Climie v. Odell
Michigan Supreme Court · Decided January 8, 1870
20 Mich. 12; 1870 Mich. LEXIS 12

Climie v. Odell

Opinion of the Court

The Court

held that when a statute fixes absolutely the,time within which an appeal must be taken, the appellate Court has no power to enlarge it; and its jurisdiction to entertain the appeal depends upon a compliance with the statute. But when, as in this instance, the statute gives the appellate Court power, under certain circumstances, to authorize the appeal, the parties may, by stipulation, agree to extend the time beyond the period fixed by the statute; and having done so in this case, the Court below erred in dismissing the appeal.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.