195 N.W. 682 | Mich. | 1923
On April 16, 1923, a decree was filed in the circuit court for the county of Kent, in chancery, granting relief against the present plaintiffs. Within 20 days after the filing of such decree they filed claim of appeal and the usual certificate of the stenographer and paid the $5 clerk's fee. They did not within this period obtain any order or stipulation extending the time to settle a case beyond such period. Some time after the expiration of the 20-day period a stipulation *52 was filed and order entered thereon extending the time to settle a case. Upon such case being presented for settlement plaintiffs were met with the objection that the court had lost jurisdiction to settle a case by reason of their failure within the 20-day period to obtain an extension of time beyond that period. Defendant circuit judge sustained the objection and declined to sign and settle the case.
The right of appeal is statutory and jurisdiction may not be conferred on the appellate court by consent or waiver.Bolton v. Cummings,
The writ will be denied, with costs to defendant.
WIEST, C.J., and McDONALD, CLARK, BIRD, SHARPE, MOORE, and STEERE, JJ., concurred. *53