Legal Opinion

Storch v. Rose

Michigan Supreme Court

Decided May 1, 1908No. Docket No. 7PublishedCited by 3 opinions

Error to Saginaw; Gage (William G.), J. Assumpsit by Gottlob Storch against John T. Rose on a building contract. There was judgment for defendant* and plaintiff brings error.

1Opinion of the CourtOstrander, J.

We consider the exceptions in the order in which they are presented in the brief for appellant, making such reference to the record as is necessary. It is contended, first, that the verdict is against the weight of the evidence. Appellant moved for a new trial, but did not assign this as a reason therefor. Under the circumstances, we cannot consider the question.

The second contention is that it was error to refuse to grant plaintiff’s motion for a new trial. The ground of the motion was newly-discovered evidence. The only affidavit filed in support of a motion for a new trial and appearing in…

2Cases cited2 opinions

  1. Canfield v. City of JacksonMichigan Supreme Court · 1897
  2. Roberts v. First National BankMichigan Supreme Court · 1907

3Cited by3 opinions

  1. Wilson v. JohnsonMichigan Supreme Court · 1917
  2. Bosek v. Detroit United RailwayMichigan Supreme Court · 1913
  3. Kobylinski v. SzeligaMichigan Supreme Court · 1943

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