Ionia, Eaton & Barry Farmers' Mutual Fire Insurance v. Otto

Upon a motion for rehearing counsel seek again to discuss the law of the case. 96 Mich. 558. The case of Wardle v. Townsend, 75 Mich. 385, in no way impairs the force of the case of Union Mut. Fire Ins. Co. v. Spaulding, 61 Mich. 77, the questions involved not being the same. We see no reason for changing our view of the law.

Counsel now attack the decision of this Court upon its understanding of the facts, reinforcing the findings of fact, which alone we can recognize, by the testimony given upon the trial. Had the circuit judge found as matter of fact that the assessments sued for were not…