Legal Opinion

Fields v. Colby

Michigan Supreme Court

Decided November 20, 1894PublishedCited by 5 opinions

Appeal from Livingston. (Person, J.) Bill to restrain defendant from taking further proceedings to open a highway. Complainant appeals. The facts are stated in the opinion.

1Opinion of the CourtLong, J.

A decree was entered in the court below dismissing complainant’s bill, from which he appeals. The record returned here contains the bill, answer, replication, decree, and a claimed copy of the proofs taken in open court; but, as no case was settled as provided by statute, the proofs cannot be considered. The appeal will not be dismissed, but the case heard here on bill and answer/

A bill in equity is no. evidence for complainant; and where the case is submitted on bill and answer, and no exceptions are filed to the latter, relief must be based on the admissions in the answer; and, if it denies…

2Cases cited2 opinions

  1. Wiegert v. FranckMichigan Supreme Court · 1885
  2. Ruhlig v. WiegertMichigan Supreme Court · 1882

3Cited by5 opinions

  1. Maier v. Walborn HighSuperior Court of Pennsylvania · 1924
  2. Gates v. City of Grand RapidsMichigan Supreme Court · 1903
  3. Rogren v. CorwinMichigan Supreme Court · 1914
  4. Novi v. Robert Adell Children’s Funded TrustMichigan Court of Appeals · 2003
  5. Lafrance v. GriffinMichigan Supreme Court · 1910

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