McKinnon v. Atkins

Case made — Circuit court rule Sj requires statement of errors to be filed— Failure to except to order of court directing judgment, or to assign error thereon, necessitates dismissal of case. 1. Where a case is certified to the Supreme Court under circuit court rule 84, a statement of the errors relied on should be filed as provided for in that rule. 2. Where a case made is agreed upon by the parties, and the circuit judge directs judgment to be entered thereon in favor of the plaintiff, the failure of tlie defendant to except to such order, or assign error thereon, is fatal to his right to a review of the judgment in this Court, and the case will be dismissed. [Brief confined to a discussion of the case on the merits. Deportee.]

Case made before judgment from Clare. (Hart, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. This is a case made before judgment, and was certified to this Court under circuit court rule 84, but the required statement of errors was not filed.' No exception was taken to the order of the circuit judge directing judgment for the plaintiff, nor is any error assigned thereon. The failure to serve such statement has been overlooked by this Court where exceptions were duly taken to the findings of the circuit judge and appeared in the record : Perkins v. Nugent, 45 Mich. 156; but in this case there is nothing in the record showing any exceptions on the part of the defendant, or, in fact, any question for the consideration of the Court.