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Hagar v. Coup

Wm. D. Hagar and Wesley L. Jukes v. William C. Coup

Hagar v. Coup, 14 N.W. 698 (Mich. 1883)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 18, 1883
Judges
Marston, Other
Citations
14 N.W. 69850 Mich. 541883 Mich. LEXIS 715
Disposition
Reversed.
Headnotes
Jurisdiction of municipal cowrt — Non-rmdence. The Superior Court oí Detroit has no jurisdiction unless at least one of the parties is a resident of the city. Act 97 of 1879. The right to sue out a writ of error should be contested upon a motion to dismiss the writ, supported by proper showing.
Summary
Error to Superior Court of Detroit. Assumpsit. Defendant brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Marston

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Marston, J.

¥e are of opinion that under the Act of 1879 and the case of Bagley v. Pridgeon 42 Mich. 551 , residence of at least one of the parties in the city of Detroit is essential to confer jurisdiction upon the Superior Court, and that the parties cannot confer jurisdiction where none is given by the statute. Any other view would enable parties, if so disposed, to submit to and bring into that court all classes of personal actions from any part of the State.-

If the appellees disputed the right of counsel to sue out *56 the writ of error in this case, they should on motion and a proper showing have moved to dismiss the writ.

The judgment must be reversed with.costs of both courts.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1889: 11901: 11903: 31904: 11907: 21908: 11910: 21937: 118892026peak 1903 · 3

Relies on it most ⓘ

  1. Anderson v. Ritterbusch1908 OK 250, 98 P. 1002
  2. County of Redwood v. Winona & St. Peter Land Co.41 N.W. 465 (Minn. 1889)
  3. Erickson v. Cass County92 N.W. 841 (N.D. 1903)
  4. Edwards v. Cooper79 N.E. 1047 (Ind. 1907)
  5. Farr v. City of Detroit99 N.W. 19 (Mich. 1904)
  6. Hull v. Hull112 N.W. 1126 (Mich. 1907)

Most recent

  1. Goldberg v. Trustees of Elmwood Cemetery275 N.W. 613 (Mich. 1937)
  2. Jenkins v. Oklahoma City1910 OK 275, 111 P. 941
  3. Auditor General v. Bishop125 N.W. 715 (Mich. 1910)
  4. Anderson v. Ritterbusch1908 OK 250, 98 P. 1002
  5. Hull v. Hull112 N.W. 1126 (Mich. 1907)
  6. Edwards v. Cooper79 N.E. 1047 (Ind. 1907)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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