Downey v. Andrus
Michigan Supreme Court
Error to Wayne. Appeal from allowance by commissioners in probate. Claimant brings error. as to the exclusion of testimony known equally to a deceased party and to one else, cited most of the cases reviewed in the opinion by the court.
1Opinion of the CourtGraves, J.
The plaintiff in error filed a claim against the estate of his mother, Mrs. Downey, for $138, money lent to decedent. The commissioners allowed $100, and the administrator appealed. In the circuit court the case was referred, and the referee reported in favor of the estate and the claimant brought error.
No exceptions were taken to the finding of the referee and no question rests upon it. The only fact ascertained and reported is contained in the general conclusion. "What precedes is a mere narration of evidence, and not determinations of the facts proved. Trudo v. Anderson 10 Mich. 357;…
2Cases cited20 opinions
- Trudo v. AndersonMichigan Supreme Court · 1862
- Howard v. PatrickMichigan Supreme Court · 1878
- Twiss v. GeorgeMichigan Supreme Court · 1876
- Campau v. Van DykeMichigan Supreme Court · 1867
- Kimball v. KimballMichigan Supreme Court · 1867
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3Cited by15 opinions
- Bachelder v. BrownMichigan Supreme Court · 1882
- Bassett v. ShepardsonMichigan Supreme Court · 1883
- Great Camp Knights of the Maccabees v. SavageMichigan Supreme Court · 1904
- Wayne County Sheriff v. Wayne County Board of CommissionersMichigan Court of Appeals · 1983
- Reed v. WhippleMichigan Supreme Court · 1905
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