Howard v. People
Michigan Supreme Court
Error to Washtenaw Circuit Court. / This was a criminal prosecution, for. an assault and battery, instituted on the complaint of Ellen Donovan against the plaintiff in error, before David T. McCollum, Esq., a Justice of the Peace. The plea was, not guilty.
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Error to Washtenaw Circuit Court. / This was a criminal prosecution, for. an assault and battery, instituted on the complaint of Ellen Donovan against the plaintiff in error, before David T. McCollum, Esq., a Justice of the Peace. The plea was, not guilty. The cause was tried without a jury, and the only judgment rendered in-the cause by the Justice, was as follows: “The defendant is fined eight dollars, and to pay costs of suit, which is taxed at seven dollars and sixty-two cents, and to stand committed till paid.” The respondent removed the cause by certiorari into the Circuit Court, where…
1Opinion of the Court
By the Court,
Pratt, J.
Very little need be said by the Court in the determination of the legal questions arising ’ On the record in this cause. Tire judgment, of the Circuit Court, in'affirming the judgment of the Justice, was erroneous, and must be reversed.'
It does not appear by the record, nor can it be inferred from any thing contained in it, that the Justice, in fact, determined the case on the merits, or that he found the accused guilty of the offence charged. Nor was the .judgment, such as he assumed to enter up in the case, ever, in fact, signed by him. And, in a legal point of view,…
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