Legal Opinion

Cooper v. Smith

Michigan Supreme Court

Decided June 14, 1889PublishedCited by 2 opinions

Appeal from Huron. (Beach, J.) Bill to foreclose a mortgage. Complainants appeal from decree dismissing the bill. The facts are stated in the opinion.

1Opinion of the CourtCampbell, J.

This is a foreclosure suit appealed from Huron county. Some of the issues raised by the pleadings were tried by the jury, whose findings were adverse to complainants. The court below dismissed the bill, partly on the issues found adversely by the jury, and partly on a ground that the jury did not pass on. Complainants on the trial below made a preliminary objection that the finding of the jury would not be final, upon which no ruling was made by the circuit judge.

The court below ruled out more or less testimony, but chiefly against defendants’ objection, and none that was material for…

2Cases cited2 opinions

  1. Graydon v. ChurchMichigan Supreme Court · 1859
  2. Tucker v. AlgerMichigan Supreme Court · 1874

3Cited by2 opinions

  1. Voris v. FerrellIndiana Court of Appeals · 1913
  2. Wartell v. Peters Hotel Co.Indiana Court of Appeals · 1919

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