In re the Appeal from the Probate of the Will of Foster
Michigan Supreme Court
Error to Oakland Circuit. on the subject of the admissibility of photographic copies, cited: Frank v. Chemical Bank, 37 Sup.
Read the full summary
Error to Oakland Circuit. on the subject of the admissibility of photographic copies, cited: Frank v. Chemical Bank, 37 Sup. Court (N. Y.), 26; and that the refusal to require the original will to be taken to the jury room was error: Howland v. Willets, 5 Sandford, 219; S. C., 5 Seld., 174; Porter v. Mount, 45 Barb., 428; at the least it was discretionary to permit it, and the court exercised no discretion, but based bis refusal on a want of power except by consent of both parties ; see Hackley v. Hastey, 3 Johns., 252; Graham & Waterman on New Trials, 76; Hilliard on New Trials, 174-6; and…
1Opinion of the Court
Campbell, J:
IJpon the appellate probate proceedings in the circuit court of Oakland county, certain rulings were made on the trial which are brought up by writ of error on the bill of exceptions. All relate to questions connected with the evidence used on the hearing.
The propounders of the will proved its execution by the two subscribing witnesses, whose testimony was direct and positive to all the requisites of a valid will.
Upon opening their proofs, the contestants proposed to furnish the jury with photographic copies of the will, which the court declined to permit.
A witness named Toms, who…
2Cited by12 opinions
- Tubbs v. Dwelling-House InsuranceMichigan Supreme Court · 1891
- Houston v. BlytheTexas Supreme Court · 1883
- Howard v. Illinois Trust & Savings BankIllinois Supreme Court · 1901
- Wendl v. FuerstOregon Supreme Court · 1913
- Bulen v. GrangerMichigan Supreme Court · 1886
7 more not listed; retrieve them via the Exa API.