Oliver v. Eaton
Michigan Supreme Court
Case reserved from Monroe Circuit. Action of replevin to recover possession of a stock of goods. Declaration in the nsnal form, to wMcb the general issue was interposed by the defendant. The case was tried at the 1 February term of said court, 1859, the Hon. B. F. H. Witherell, circuit judge, presiding.
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Case reserved from Monroe Circuit. Action of replevin to recover possession of a stock of goods. Declaration in the nsnal form, to wMcb the general issue was interposed by the defendant. The case was tried at the 1 February term of said court, 1859, the Hon. B. F. H. Witherell, circuit judge, presiding. On the trial, it appeared that one John M. Oliver, a son of the plaintiff, had owned and carried on a drug store for several years in Monroe, Michigan, and that, to assist him, the plaintiff had given and loaned to him, and indorsed for him, to the amount of several thousand dollars: ''That,…
1Opinion of the Court
Campbell J.:
The case reserved is upon a motion for a new trial, based upon the claim that the verdict of the jury was against law and evidence.
The precise form in which this question arose does not plainly appear. This should properly be set out in a case reserved on such a motion, as nothing but questions of law, and such as are fairly raised on the trial, or in the progress of the cause, can legally be entertained by us. The only way in which the exact point here presented could have arisen, must have been as the foundation of a hypothetical charge asked of the court, inasmuch as it appears…
2Cases cited1 opinion
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by12 opinions
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Ephraim v. KelleherWashington Supreme Court · 1892
- Place v. LangworthyWisconsin Supreme Court · 1861
- First National Bank v. LindenstruthCourt of Appeals of Maryland · 1894
- Hills v. Stockwell & Darragh Furniture Co.U.S. Circuit Court for the District of Western Michigan · 1885
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