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Bancroft v. Board of Regents of University

BANCROFT v. BOARD OF REGENTS OF UNIVERSITY OF MICHIGAN

Bancroft v. Bd. of Regents of Univ., 158 N.W. 337 (Mich. 1916)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 23, 1916
Docket
No. 4
Citations
158 N.W. 337192 Mich. 1681916 Mich. LEXIS 753
Disposition
Writ dismissed.
Headnotes
Appeal and Error — Demurrer—Judgment—Necessity. Want of a final judgment in a personal injury action is fatal to the review of the ease on error and, in the absence of any showing that judgment had been later entered, the writ must be dismissed.
Summary
Error to Washtenaw; Kinne, J. Case by Mary Bancroft against the board of regents of the University of Michigan and another for personal injuries. Judgment for defendants sustaining separate demurrers. Plaintiff 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

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Plaintiff filed her suit to recover damages for personal injuries which she claims to have incurred and which she avers were occasioned by the negligence of defendants. The defendants demurred to the declaration, and after argument the same was sustained. This was followed by the issuance of a writ of error from this court without any final judgment having been entered in the trial court, and, so far as the record shows, we are not advised that a final judgment has since been entered therein. Under this state of facts the practice will not permit of a review of the case in this court. Green v. Eaton Probate Judge, 40 Mich. 244 ; Delaney v. Lumber Co., 144 Mich. 351 ( 108 N. W. 77 ); Barribeau v. City of Detroit, 146 Mich. 392 ( 109 N. W. 665 ); In re Vetter’s Estate, 162 Mich. 109 ( 127 N. W. 306 ).

The writ will be dismissed, with costs to appellee.

How later courts describe this case

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

1920: 11925: 11937: 11938: 119202026peak 1920 · 1

Relies on it most ⓘ

  1. Mondou v. Lincoln Mutual Casualty Co.278 N.W. 94 (Mich. 1938) · Dissent
  2. Harnau v. Haight179 N.W. 473 (Mich. 1920)
  3. Lewis v. Bricker205 N.W. 98 (Mich. 1925)
  4. Brown v. Adler276 N.W. 442 (Mich. 1937)

Most recent

  1. Mondou v. Lincoln Mutual Casualty Co.278 N.W. 94 (Mich. 1938) · Dissent
  2. Brown v. Adler276 N.W. 442 (Mich. 1937)
  3. Lewis v. Bricker205 N.W. 98 (Mich. 1925)
  4. Harnau v. Haight179 N.W. 473 (Mich. 1920)

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 3

DepthCaseCited by
Delaney v. Mich. Elm Hoop & Lumber Co., 108 N.W. 77 (Mich. 1905) 4
Barribeau v. City of Detroit, 109 N.W. 665 (Mich. 1906) 3
In re Vetter's Estate, 127 N.W. 306 (Mich. 1910) 3

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