Michigan Supreme Court, 1879

Van Deusen v. Newcomer

Van Deusen v. Newcomer
Michigan Supreme Court · Decided April 8, 1879
40 Mich. 525; 1879 Mich. LEXIS 609
Van Deusen v. Newcomer

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

Tbe clerk has no authority to determine wbat deduction should be made on account of undue prolixity. It rests entirely with tbe court to determine whether such an abuse exists, and this will be done usually when tbe ease is disposed of. It is not always tbe fault of tbe appealing party that tbe record assumes undue proportions, and be should not be punished unless in fault. In tbe present case we were not satisfied there was any such fault in tbe plaintiff in error as to bring him within the rule, and we therefore did not, and shall not now impose any penalty, or make any deduction.

Motion denied.

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