Perkins v. Dacon
Michigan Supreme Court
Error to 'Lenawee Circuit. In the fall of 1862 the defendant, Dacon, was the owner of a quantity of wheat in store at the warehouse of the Michigan Southern and Northern Indiana Railroad Company, at Hudson station, and for which he held' the receipts of the Railroad .Company, in the following form: “No. 88. not transferable.
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Error to 'Lenawee Circuit. In the fall of 1862 the defendant, Dacon, was the owner of a quantity of wheat in store at the warehouse of the Michigan Southern and Northern Indiana Railroad Company, at Hudson station, and for which he held' the receipts of the Railroad .Company, in the following form: “No. 88. not transferable. “ Michigan Southern <& Northern Indiana JR. JR: Go.,. Hudson Station, Nov. 8, 1862. “ Received, under the conditions and stipulations of this receipt, for account of M. Dacon, 2105 pounds red wheat to be forwarded to -. And the duty and liability of this Company, as a…
1Opinion of the Court
Martin Oh. J.:
In reviewing a case on exceptions, says Ch. J. Shaw, *88(4 Gray, 137,) it is necessary for this Court to consider precisely what the exceptions are, and not go at large into the evidence reported. Such evidence is reported, not as a statement of the facts to enable this Court to decide on the merits, but only for the purpose of showing- how the instructions refused, or given, apply to the case, and whether they were correctly given, or withheld, in point of law.
Adopting this correct rule, let us see what is the evidence reported in this bill of exceptions, by which the instructions…
2Cases cited3 opinions
- People v. ScottMichigan Supreme Court · 1859
- Terry v. . WheelerNew York Court of Appeals · 1862
- Atwell v. MillerCourt of Appeals of Maryland · 1854
3Cited by2 opinions
- People v. De GrootMichigan Supreme Court · 1896
- Ridgway v. Baizley Iron Works, Inc.Superior Court of Pennsylvania · 1911