Curry v. Shears
Michigan Supreme Court
Error to Allegan; Cross (Orien S.), J. Assumpsit in justice’s court by Cartley I. Curry against Arthur I. Shears for an amount due for certain ice. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtSharpe, J.
This ease was tried by the court without a jury. The findings of the court were filed on .July 6, 1921. Proposed amendments thereto were filed by the defendant on July 11, 1921. Judgment was entered on July 23, 1921. The defendant’s exceptions to the findings, as shown by' the calendar entries, were not filed until August 20, 1921, nor were such findings, proposed amendments and exceptions incorporated in the bill of exceptions signed by the trial judge. They are, however, printed in the record as a part of the bill of exceptions.
Section 3 of Circuit Court Rule No. 45 provides:
“Within four…
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