Legal Opinion

Niles v. Rhodes

Michigan Supreme Court

Decided November 10, 1859PublishedCited by 7 opinions

Error to Wayne Circuit. Niles & Van Anden brought suit in tbe court below, against Rhodes, for the price of a bill of liquors. On the trial, to prove their ' case, they called Charles P. Crosby, who testified as follows: “I am the attorney of Niles & Van Anden, the plaintiffs in this suit.

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Error to Wayne Circuit. Niles & Van Anden brought suit in tbe court below, against Rhodes, for the price of a bill of liquors. On the trial, to prove their ' case, they called Charles P. Crosby, who testified as follows: “I am the attorney of Niles & Van Anden, the plaintiffs in this suit. On or about the twentieth day of November, a. d. 1857, I called the [defendant John B. Rhodes, into my office in this city, and called his attention to a bill which I now hold in my hand, and asked him to pay it. He took the bill and examined it, and said it was correct, except that he thought there was a…

1Opinion of the Court

Christiancy J.:

A preliminary objection is made to the form in which the errors are assigned. The 12th rule requires every assignment of error to be special. By this we understand that every error relied upon must be pointed out with such certainty that the defendant in error, and the court, may see from the assignment itself, every particular ground upon which a reversal of the judgment is claimed, and that the record may always disclose the grounds upon which the judgment may have been reversed or affirmed.

*379There were, in the court below, three distinct requests to charge, made by defendant’s…

2Cases cited3 opinions

  1. Brown v. MarylandSupreme Court of the United States · 1827
  2. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  3. Paton v. CoitMichigan Supreme Court · 1858

3Cited by7 opinions

  1. Cooper v. HarlowMichigan Supreme Court · 1910
  2. Planters' Insurance v. CramerMississippi Supreme Court · 1872
  3. Danielson v. DyckmanMichigan Supreme Court · 1872
  4. Lincoln Square Corp. v. Motor City Paper Tube Co.Michigan Supreme Court · 1954
  5. Pound v. Port Huron & Southwestern Railway Co.Michigan Supreme Court · 1884

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