Wormley v. Grand Rapids Trust Co.

The action is replevin for certain certificates of stock. There was trial without a jury. Defendants had judgment. Plaintiff seeks review on error. The trial judge filed an opinion in writing which counsel have treated as findings of fact and law. No exception to any of them was filed. The assignments of error are upon the findings. In the circumstances we may treat the opinion, containing findings of fact and law, as such findings. Jackson v. Insurance Co., 211 Mich., 378; Messer v. Dornbos, 210 Mich. 46; Thurber v. Aldrich, 167 Mich. 656; White v. U. S. Gypsum Co., 168 Mich. 238.

Because of…