Doyle v. Stevens
Michigan Supreme Court
Error to Wayne Circuit. This was an action of replevin, brought by the plaintiff in error in the Wayne Circuit Court. The cause was tried at September Term, 1855, by a jury, who found the issue for the defendants, and that the defendants had a special property as mortgagees in the goods replevied, to the amount of $523.33, and a judgment was rendered thereon for said sum, with costs.
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Error to Wayne Circuit. This was an action of replevin, brought by the plaintiff in error in the Wayne Circuit Court. The cause was tried at September Term, 1855, by a jury, who found the issue for the defendants, and that the defendants had a special property as mortgagees in the goods replevied, to the amount of $523.33, and a judgment was rendered thereon for said sum, with costs. A bill of exceptions was filled by the plaintiff, from which the following facts appear: Prior to the 16th of March, 1855, one John,. Keily was the owner of the goods in question; and on that day executed a…
1Opinion of the Court
By the Court,
Copeland, J.
It appears from the Bill of Exceptions, that to the charge of the Court to the jury upon one point, no exception was taken until after the jury had retired to consult upon their verdict, when the counsel for the plaintiff requested the Court to note an exception thereto. Our attention was also called to this question at the argument.
The more general, and we think the better practice is, that a party who complains of instructions given or withheld at the trial, should take his exceptions before the jury retire. For if the Judge is advised that one of the party excepts…
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- Hopkins v. BishopMichigan Supreme Court · 1892
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