MacDonald v. Saginaw Val. & St. L. R.
U.S. Circuit Court for the District of Eastern Michigan
[This was an action at law by MacDonald against the Saginaw Valley & St Louis Railroad Company to recover for work and labor done and materials furnished under a contract. Heard on exceptions to the report of a referee.) The declaration consists of the common counts for goods, wares, and merchandise sold and delivered, work and labor done, and materials furnished, and money due on account stated.
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[This was an action at law by MacDonald against the Saginaw Valley & St Louis Railroad Company to recover for work and labor done and materials furnished under a contract. Heard on exceptions to the report of a referee.) The declaration consists of the common counts for goods, wares, and merchandise sold and delivered, work and labor done, and materials furnished, and money due on account stated. The defendant’s notice of de-fence under the general issue sets up that the goods, wares, and merchandise, work and labor, materials and money, constituting plaintiff’s claim as set up in his…
1Opinion of the Court
LONGYEAR, District Judge.
Several of the exceptions appear to be based upon what is claimed to have been the evidence before the referee, aside from and independently of his findings of facts as stated in his report. There appears in the files in the case a mass of writing, indorsed as filed of the same date as the filing of the report, purporting to be testimony of witnesses in this case. It is not signed by the witnesses, nor is it anywhere referred to or mentioned in the report, or in any manner certified or authenticated by the referee, as the testimony upon which he acted; and of course…
2Cases cited1 opinion
- People ex. rel. First National Bank v. Wayne Circuit JudgeMichigan Supreme Court · 1869