98 Mich. 130 | Mich. | 1893
In the case of Petrie v. Torrent, 88 Mich. 43, a decreewas■ ■ entered directing- an .accoimting between the parties as to the transactions involved, and which had terminated, and a further direction was made that defendant, Torrent, from time to time, and at stated intervals, file an account of sales and expenditures showing transactions occurring in the interim. The main accounting has been had, and both parties have appealed from the decree to this Court, hut no hearing has yet been had on the appeal. A supplemental statement of account has been filed with the register of the circuit court in chancery. Since the filing of the account the relator applied to the respondent, asking that a day be set for taking testimony and hearing on the account. The appli
The circuit judge was right. How. Stat. § 6739, provides:
“Upon the entering of such appeal, and the filing of such bond, as directed in the preceding section, all proceedings in the cause, in the circuit court in chancery, shall be stayed, except taxation of costs .and proceedings in relation to an additional bond.”
This statute has been twice construed by this Court. Beal v. Chase, 31 Mich. 490; Day v. De Jonge, 66 Id. 550. In the latter case it was held that any proceeding in the ■circuit court after appeal to this Court is null and void.
The mandamus will be denied.
See Railway Co. v. Chambers, 89 Mich. 5, holding that the effect of perfecting an appeal is to transfer the cause to the Supreme Court, after which that Court alone has jurisdiction of a motion to dismiss the appeal.