Michigan Supreme Court, 1900

Tompkins v. Bowen

Michigan Supreme Court · Decided March 13, 1900

123 Mich. 377; 82 N.W. 51; 1900 Mich. LEXIS 832

Cases that cite this one

1 later published case cites this decision.

Dodge v. Nichols (Mich. 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

This is a demurrer to a declaration. The court below made an order overruling the demurrer, and gave the defendants until the first day of. the next term to file and serve plea. No further order was made in the court below, and no final judgment entered. The defendants bring the case into this court by writ of error. The province of a writ of error is to bring up for review final judgments or determinations, and it is not employed *378to bring up interlocutory decisions made pending tbe litigation. Brady v. Railroad Co., 73 Mich. 457 (41 N. W. 503), and cases there cited.

The writ of error must be dismissed, with costs. The merits are not open for discussion.

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