Teller v. Wetherell

Manning J.:

The defendant’s motion is to quash the assignment off errors, and to dismiss the writ of error.

The error assigned is one of fact, viz., the death off John P. Wetherell before the suit was brought.

The motion is placed on several different grounds:

1st. A want of jurisdiction, in this court, of errors off fact;

2d. That errors of fact are cognizable only in the court. *47rendering the judgment, which in this cas^ is the Wayne Circuit Court;

3d. That errors of fact can not be assigned on the writ of error in this case, which is a writ for errors of law, and not for errors of fact.

In support…