Eldredge v. Sherman

This cause has been once before this Court, and is reported in 70 Mich. 266. The facts, as they then appeared upon that trial in the court below, are stated in the opinion. In that trial the defendant below prevailed, and judgment was reversed. The cause has been retried in the Yan Burén circuit, where plaintiff prevailed, and defendant now brings the cause here on writ ■of error.

It is claimed by defendant’s counsel that the present record discloses a very different case than the one presented on the former record. In the former trial, it appeared that the defendant voluntarily surrendered…