Legal Opinion

Finkbinder v. Ernst

Michigan Supreme Court

Decided December 22, 1903No. Docket No. 26Published

Error to Washtenaw; Kinne, J. Case by Charles Finkbinder against Christian Ernst for the wrongful flooding of plaintiff’s land. From a judgment for plaintiff, defendant brings error. This unfortunate and expensive controversy between neighbors is before us for the second time. The issue and the facts are sufficiently stated in the opinion then rendered. 126 Mich. 565 (85 N. W. 1127). The record in that case did not contain all the evidence.

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Error to Washtenaw; Kinne, J. Case by Charles Finkbinder against Christian Ernst for the wrongful flooding of plaintiff’s land. From a judgment for plaintiff, defendant brings error. This unfortunate and expensive controversy between neighbors is before us for the second time. The issue and the facts are sufficiently stated in the opinion then rendered. 126 Mich. 565 (85 N. W. 1127). The record in that case did not contain all the evidence. The present record, of over 400 pages, contains all the testimony, taken stenographically. The court instructed the jury as follows: “If you find from the…

1Opinion

on application for rehearing.

Grant, J.

The briefs of counsel in this case were prepared and filed upon the understanding that Runnells v. Village of Pentwater, 109 Mich. 514 (67 N. W. 558), was still the law; that that decision was neither overruled nor changed by statute. We disposed of the case upon that understanding. A motion for rehearing was made upon the same understanding. Some days after the motion was made, a supplemental brief was filed, calling our .attention to Act No. 52 of the Public Acts of 1901, which *230provides that it shall not be necessary to except to the re: fusal of a…

2Cases cited1 opinion

  1. Runnells v. Village of PentwaterMichigan Supreme Court · 1896

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