Legal Opinion

Quinlan v. Heyboer

Michigan Supreme Court

Decided July 11, 1912No. Docket No. 113Published

Error to Kent; McDonald, J. Assumpsit in justice’s court by Thomas Quinlan against Adrian Heyboer for services rendered. From a judgment for plaintiff, the cause was appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtOstrander, J.

Plaintiff recovered a judgment in justice’s court, and, on appeal, a much larger judgment in the circuit court. Rather than submit to a new trial, plaintiff remitted $105 of the judgment. A second motion for a new trial was overruled. In this court, the defendant (appellant) presents the contentions, first, that it was error for plaintiff’s counsel to make a certain argument to the court in the presence of the jury; second, that the verdict was against the weight of the evidence.

It is said that the effect of the statement of counsel objected to was to acquaint the jury with the result of the *229t…

2Cases cited3 opinions

  1. Battishill v. HumphreysMichigan Supreme Court · 1888
  2. Adams v. FisherNebraska Supreme Court · 1909
  3. Corning v. WoodinMichigan Supreme Court · 1881

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