Legal Opinion

Wickes v. Pulfrey

Michigan Supreme Court

Decided September 17, 1902No. Docket No. 9PublishedCited by 1 opinion

Error to Clinton; Stone, J. Assumpsit by Lyman R. Wickes against Columbus E. Pulfrey on an account stated. From a judgment for defendant, plaintiff brings error.

1Opinion of the CourtMontgomery, J.

This case is brought before us for review on error. The case was tried before the court without a jury, and resulted in a judgment for defendant. No finding of facts appears in the record.

The plaintiff’s brief is devoted to an argument that a different result should have been reached, the contention being that the testimony was such as entitled the plaintiff to a judgment. It has been repeatedly held that such a question cannot be considered without a finding. Plumer v. Abbey, 39 Mich. 167; Wertin v. Crocker, 47 Mich. 642 (6 N. W. 683); Morgan v. Botsford, 82 Mich. 153 (46 N. W. 230);…

2Cases cited5 opinions

  1. Wertin v. CrockerMichigan Supreme Court · 1880
  2. Township of Cumming v. SchickMichigan Supreme Court · 1892
  3. In re the Estate of BuchanMichigan Supreme Court · 1894
  4. Morgan v. BotsfordMichigan Supreme Court · 1890
  5. Plumer v. AbbeyMichigan Supreme Court · 1878

3Cited by1 opinion

  1. McDonell v. Union Trust Co.Michigan Supreme Court · 1905

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