Webber v. Hanke
Michigan Supreme Court
Error to Wayne Circuit. This was an action of assumpsit, brought by Hanke, the defendant in error, against Webber, before a Justice of the Peace. The declaration was generally for work and labor, materials furnished, &c. The plea was general issue only. Judgment was rendered by the Justice for Hanke. Webber sued out a writ of certiorari to the Wayne Circuit Court, where the judgment of the Justice was affirmed.
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Error to Wayne Circuit. This was an action of assumpsit, brought by Hanke, the defendant in error, against Webber, before a Justice of the Peace. The declaration was generally for work and labor, materials furnished, &c. The plea was general issue only. Judgment was rendered by the Justice for Hanke. Webber sued out a writ of certiorari to the Wayne Circuit Court, where the judgment of the Justice was affirmed. The cause came before this Court by writ of error, sued out by Webber. The facts are fully stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Pbatt, P. J.
This Court, in Higley vs. Lant and Chamberlin (see 2 Mich. R., p. 612), held, that a cause where there were no errors in law affecting the merits of the controversy between the parties, could not be legally reviewed and judicially readjusted on conflicting proofs, either by the Circuit Court or certiorari, or by this Court on error. In view of this decision, and to which the Court still adheres, the case under consideration will be examined.
By an inspection of the return of the Justice to the writ of certiorari, it conclusively appears that Webber, the plaintiff in…
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