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Trombly v. Klersy

Trombly v. Klersy, 102 N.W. 736 (Mich. 1905)
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Court
Michigan Supreme Court · State Highest Courts
Decided
March 7, 1905
Docket
No. Calendar No. 20,981
Citations
102 N.W. 736139 Mich. 3111905 Mich. LEXIS 928
Cited by 5
Headnotes
Appeals — Chancery—Payment of Pee — Dismissal. The payment, within 30 days, of the statutory register’s fee by a chancery appellant is mandatory, and an appellee who has done nothing to waive the right is entitled to a dismissal of the appeal after the statutory period. Section 552,1 Comp. Laws.
Summary
Motion by Robert Trombly, guardian of Joseph Buhler, an incompetent, against Andrew Klersy to dismiss an appeal.

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

Opinion of the Court

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Per Curiam.

Defendant sought to appeal from an order of the circuit court in chancery appointing a receiver of the defendant’s property. Complainant moves to dismiss the appeal because the defendant failed to pay the fee within 30 days, as provided by section 552, 1 Comp. Laws. The payment of this fee is mandatory. Bennett v. Hickey, 110 Mich. 628 . The complainant has done nothing to waive the appeal. The motion is therefore granted.

How later courts describe this case

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

Cited by 5 cases

View all citing references →
1908: 11913: 11918: 11921: 11940: 119082026peak 1908 · 1

Relies on it most ⓘ

  1. State v. Nelson107 P.2d 1113 (Wash. 1940)
  2. Perkins v. Perkins140 N.W. 161 (Mich. 1913)
  3. Potaschnik v. Kaimola185 N.W. 824 (Mich. 1921)
  4. Lum v. Fairbanks118 N.W. 578 (Mich. 1908)
  5. Misner v. Stange176 N.W. 417 (Mich. 1918)

Most recent

  1. State v. Nelson107 P.2d 1113 (Wash. 1940)
  2. Potaschnik v. Kaimola185 N.W. 824 (Mich. 1921)
  3. Misner v. Stange176 N.W. 417 (Mich. 1918)
  4. Perkins v. Perkins140 N.W. 161 (Mich. 1913)
  5. Lum v. Fairbanks118 N.W. 578 (Mich. 1908)

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 1

DepthCaseCited by
Bennett v. Hickey, 68 N.W. 650 (Mich. 1896) 8

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