Trudo v. Anderson
Michigan Supreme Court
Error to Van Burén Circuit. Trudo replevied of Anderson a horse. The case was tried by the Circuit Judge, without a jury, and the following is the finding: “ 1st. That the plaintiff was, in the month of July, 1860, in Canada West, the owner of the horse in question; that for several years before that time the plaintiff had been a laborer in the employ of one John McAlister, in Canada West, and left the horse upon the premises of said John McAlister, in Canada West, to be…
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Error to Van Burén Circuit. Trudo replevied of Anderson a horse. The case was tried by the Circuit Judge, without a jury, and the following is the finding: “ 1st. That the plaintiff was, in the month of July, 1860, in Canada West, the owner of the horse in question; that for several years before that time the plaintiff had been a laborer in the employ of one John McAlister, in Canada West, and left the horse upon the premises of said John McAlister, in Canada West, to be sold by said McAlister; that, shortly after this, the said McAlister left Canada West and repaired to the western part of…
1Opinion of the Court
Christiancy J.:
It is insisted by tbe counsel for tbe defendant in error that, as no exception was taken in the Court below to the rulings of law embraced in the "finding, this Court will not now inquire into the propriety of any thing in the decision.
Doubtless any ruling of law which might affect the finding of facts, as upon the admission or rejection of evidence, must be brought before the Court by excejDtion, as upon a trial before a jury. Such ruling of law would, in the language of the 90th rule of the Circuit Courts, be “embodied in the finding of facts.” But when the only question is…
2Cases cited3 opinions
- Wood v. CohenIndiana Supreme Court · 1855
- Ingalls v. BulkleyIllinois Supreme Court · 1851
- Sweetzer v. MeadMichigan Supreme Court · 1858
3Cited by48 opinions
- Fitzhugh v. Franco-Texas Land Co.Texas Supreme Court · 1891
- Yelverton v. SteeleMichigan Supreme Court · 1879
- Equitable Life Assurance Society of the United States v. GobleCourt of Appeals of Kentucky (pre-1976) · 1934
- Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
- Velsian v. LewisOregon Supreme Court · 1888
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