Clark v. Axford
Michigan Supreme Court
Error to Oakland Circuit. The canse was originally commenced in a justice’s court, and taken to the Circuit Court, by appeal. The action was trespass for a span of horses.
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Error to Oakland Circuit. The canse was originally commenced in a justice’s court, and taken to the Circuit Court, by appeal. The action was trespass for a span of horses. The defendant jfieaded the general issue, and gave special notice that at the time of the trespass complained of, and for a long time previous, he was the supervisor of the township of Independence, in the county of Oakland, and, as such supervisor, made out a tax against the taxable property of said township, for the year 1851, including the property of said plaintiff, and issued a warrant thereon, and placed the same in…
1Opinion of the Court
Christiangy J.:
The main question in this case is, Whether the Court below erred in refusing to allow the plaintiff’s counsel to argue the cause to the jury, and in charging the jury that there was no evidence in the cause; by which must be understood, no evidence upon which they could legally find a verdict for the plaintiff.
If the plaintiff had made a prima facie case when he rested, the defendant having offered no evidence, the Court erred; but if he had not made such a cjise, or if he had, in fact, made a prima- facie case for th^ defendant, then there was no error in the ruling of the…
2Cited by2 opinions
- Weston v. MonroeMichigan Supreme Court · 1890
- Olmstead v. MeyersMichigan Supreme Court · 1912