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Vincent v. Bowes

Nathan H. Vincent v. Daniel Bowes

Vincent v. Bowes, 44 N.W. 276 (Mich. 1889)
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Court
Michigan Supreme Court · State Highest Courts
Decided
December 28, 1889
Judges
Champlin, Other
Citations
44 N.W. 27678 Mich. 3151889 Mich. LEXIS 846
Disposition
Writ dismissed.
Headnotes
Writ of error — Does not lie to review discretionary order of circuit judge. The action of the circuit court in denying an application for leave to appeal from a justice’s judgment, under How. Stat. § 7005, on the ground that the appellant was prevented from taking an appeal within the statutory time by causes beyond his control, can only be reviewed on mandamus.
Summary
Error to Mecosta. (Palmer, J.) Defendant brings error from an order denying his application for leave to appeal from a judgment in justice’s court. The facts are stated in the opinion.

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

Opinion of the Court — Champlin

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Champlin, J.

Defendant was prosecuted before a justice of the peace in a civil action, ih which a trial was had, and a judgment rendered against him for $60 and costs. He failed to appeal in the time allowed by law, and made an application to the circuit court, under the statute (How. Stat. § 7005), for leave to appeal, alleging that his failure to take one in time arose from causes beyond his control. The granting such leave is in the discretion of the circuit judge, and his action will not be reviewed by us, except upon mandamus, and in cases where we are fully satisfied that he. has abused his discretion.

We are not satisfied that there has been abuse of discretion in this case, on the face of the papers, as made by the petitioner; but, as we cannot review the question upon writ of error, we will dispose of the case by dismissing the writ, with costs The other Justices concurred.

How later courts describe this case

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

1914: 11922: 11951: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Huddleston v. Charles Amos & Co.146 N.W. 658 (Mich. 1914)
  2. Selby v. Brading188 N.W. 435 (Mich. 1922)
  3. Lent v. Dickinson49 N.W.2d 167 (Mich. 1951)

Most recent

  1. Lent v. Dickinson49 N.W.2d 167 (Mich. 1951)
  2. Selby v. Brading188 N.W. 435 (Mich. 1922)
  3. Huddleston v. Charles Amos & Co.146 N.W. 658 (Mich. 1914)

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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