Legal Opinion

Tower v. Detroit & Milwaukee Railroad

Michigan Supreme Court

Decided July 12, 1859PublishedCited by 2 opinions

Error to Shiawassee Circuit. The action was originally brought by Tower in Justice’s court, where he recovered judgment, which was removed to the circuit court by certiorari, and there reversed. The allegations of error in the affidavit for certiorari were, first, that the service of the summons on the Railroad Company, in the court below, was irregular and void; second, that the judgment was against the evidence.

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Error to Shiawassee Circuit. The action was originally brought by Tower in Justice’s court, where he recovered judgment, which was removed to the circuit court by certiorari, and there reversed. The allegations of error in the affidavit for certiorari were, first, that the service of the summons on the Railroad Company, in the court below, was irregular and void; second, that the judgment was against the evidence. The entry of judgment in the circuit court recites, in substance, that the cause having been brought on for argument, and ■ due deliberation being had, it is ordered, &c., that the…

1Opinion of the Court

The Chiee Justice:

We have repeatedly decided that we will not reverse the judgment of the circuit court, oñ a question of fact in :such a case; but ivhether that principle is applicable to this case, should be discussed at the hearing, and not on such a ■motion.

Mr. Gould also offered affidavits, to prove the fact upon 'which his first position was based.

'Ohristiancy, J.:

Have you any authorities that hold you may show such a fact by affidavit, where the record does not dis‘close it ?

'Gould:

The affidavits are offered in aid of the record, which does not show that there was an argument.

The Chiee…

2Cited by2 opinions

  1. A. Zerkowitz & Co. v. United StatesUnited States Customs Court · 1962
  2. Fenton v. Salt Lake CountyUtah Supreme Court · 1885

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