Canfield v. Brig City of Erie

Michigan Supreme Court
Canfield v. Brig City of Erie, 21 Mich. 160 (Mich. 1870)
1870 Mich. LEXIS 81

Canfield v. Brig City of Erie

Opinion of the Court

Tiib Court held that the filing of the appeal bond Avithin five days from tho date of the entering of the appeal, Avas necessary to give this Court jurisdiction of tho cause. The case of Climie v. Odell, to which counsel had referred on the argument of the motion, was an appeal from a Justice’s Court, in which the Circuit Courts have power, on cause shoAvn, to permit an appeal to be entered, in cases where the statute had not been complied with; and in such cases, where there Avas a discretionary power in the appellate court to permit the appeal to be entered, the parties might reach the same result by stipulation. There is no such discretion in this Court on appeals under the water-craft act; and tho appeal must be dismissed for want of jurisdiction.

Appeal dismissed.

Reference

Full Case Name
Edward Canfield and John Canfield v. The Brig City of Erie
Cited By
2 cases
Status
Published