Barton v. Gray
Michigan Supreme Court
Error to Newaygo. (Montgomery, J.) Assumpsit. Defendant brings error. If a declaration contains two or more counts, and one of them is bad (out of the case), so that it would not sustain a verdict upon it, and a general verdict is rendered ■on the whole declaration, the verdict is bad, and the defendant may take advantage of it, either by a motion in arrest of judgment or on error: Hopkins v. Beedle 1 Cai. 349; Oheetham v. Tillotson 5 Johns. 430; Backus v. Richardson ■5…
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Error to Newaygo. (Montgomery, J.) Assumpsit. Defendant brings error. If a declaration contains two or more counts, and one of them is bad (out of the case), so that it would not sustain a verdict upon it, and a general verdict is rendered ■on the whole declaration, the verdict is bad, and the defendant may take advantage of it, either by a motion in arrest of judgment or on error: Hopkins v. Beedle 1 Cai. 349; Oheetham v. Tillotson 5 Johns. 430; Backus v. Richardson ■5 Johns. 475 ; Richmond v. Whittlesey 2 Allen 234; a verdict, being an entirety, cannot be set aside as to one count and…
1Opinion of the CourtChamplin, J.
This case was before this Court in the April term, 1882, and is reported in 48 Mich. 164. The declaration as originally filed contained three special counts, and the common counts in assumpsit. The second and third special *626counts and the common counts were abandoned on the trial, and the plaintiff elected to rely entirely for a right of recovery upon the first special count of his declaration. This announcement was made after the plaintiff had introduced his evidence, and after one witness had been examined on behalf of defendant. There was no formal entry of discontinuance as to the two…
2Cases cited27 opinions
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Scott v. BushMichigan Supreme Court · 1873
- Young v. . HunterNew York Court of Appeals · 1852
- Roger Williams Insurance v. CarringtonMichigan Supreme Court · 1880
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3Cited by54 opinions
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
- Gray v. BartonMichigan Supreme Court · 1886
- Southwest Cotton Co. v. RyanArizona Supreme Court · 1921
- Douglas v. Edgewater Park Co.Michigan Supreme Court · 1963
- Smith v. Saginaw Savings & Loan Ass'nMichigan Court of Appeals · 1979
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