Albert v. Sutton
Michigan Supreme Court
Error to Lapeer Circuit.' Suit was brought by Albert against Sutton before a justice of the peace, and judgment rendered in favor of the plaintiff. The defendant took a special appeal to the circuit, alleging as errors: first, a ruling of the justice in excluding certain evidence offered by the defendant; and, second, the overruling of a motion made by defendant to amend his plea.
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Error to Lapeer Circuit.' Suit was brought by Albert against Sutton before a justice of the peace, and judgment rendered in favor of the plaintiff. The defendant took a special appeal to the circuit, alleging as errors: first, a ruling of the justice in excluding certain evidence offered by the defendant; and, second, the overruling of a motion made by defendant to amend his plea. The circuit court reversed the judgment of the justice on the ground that the latter erred in holding that he had no right under the law to allow the amendment to defendant’s plea, and also in rejecting, the…
1Opinion of the Court
The Court
held that on a special appeal from a justice’s court, questions of the admissibility of evidence before the justice are not subject to review; and that where the justice, in his return to such an appeal, states a ruling made by him, without giving the ground on which it was made, the circuit court cannot assume that the justice’s ruling was made upon any particular and erroneous ground, when another and admissible ground is equally consistent ■with the return. •
Judgment reversed.
2Cited by2 opinions
- Stevens v. HarrisMichigan Supreme Court · 1894
- Webster v. WilliamsMichigan Supreme Court · 1888