Chicago & Canada Southern R'y Co. v. Peters

Peters having recovered before a justice of the peace in a suit brought on an account stated and the judgment having been affirmed on certiorari the company has brought error. The point of primary importance under the objections taken is whether any substantial part of the cause of action was wholly destitute of proof. Because if such was the case the judgment has no foundation and should be reversed. Cicotte v. Morse 8 Mich. 424. The question is fairly presented by the record, because the justice certifies that his return contains all the testimony. The evidence tended to show that some…