Legal Opinion

Mower v. Verplanke

Michigan Supreme Court

Decided May 21, 1895PublishedCited by 3 opinions

Rehearing, upon- application of plaintiff, of casé reported in 101 Mich. 209. The facts are stated in the opinion, and in 101 Mich. 209.

1Opinion of the CourtGrant, J.

For a statement of the issue, see same case in 101 Mich. 209. A rehearing was granted upon the statement in the motion for rehearing that the point upon which the judgment was affirmed was not raised •in the'court below. '• The:point was expressly raised anÜ argued in the brief, for the appellees, and was-nóC mentioned in the brief for the appellant. We therefore assumed that the point whs raised upon the'trial. A re-examination of the record .shows that .it was n.ot, and therefore should not have been considered in the former decision. .

•' The ground upon whiéh the court below excludéd the…

2Cases cited2 opinions

  1. Clow v. PlummerMichigan Supreme Court · 1891
  2. Mower v. VerplankeMichigan Supreme Court · 1894

3Cited by3 opinions

  1. Davies v. LeeteCourt of Appeals of Kentucky · 1901
  2. Hewitt v. East Jordan Lumber Co.Michigan Supreme Court · 1904
  3. Estate of Jones v. JonesSupreme Court of Iowa · 1906

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