Legal Opinion

Gilmore v. Bolio

Michigan Supreme Court

Decided May 8, 1911No. Docket No. 86PublishedCited by 10 opinions

Error to Wayne; Murphy, J. Assumpsit in justice’s court by William G. Gilmore against John Bolio for broker’s commissions on a sale of real property. From a judgment for plaintiff, defendant removed the cause to the circuit court by certiorari, where judgment was entered for defendant. Plaintiff brings error.

1Opinion of the CourtHooker, J.

The plaintiff recovered a judgment in the court of justice of the peace, which was reversed on certiorari by the circuit court. The cause is before us on writ of error taken out by plaintiff.

The substance of the error assigned, in the affidavit, is that the testimony did not warrant the judgment, and that is the only question before us. The return of the justice states that the affidavit for certiorari correctly states all of the testimony taken upon the trial. The testimony shows without dispute that defendant owned certain premises, which he desired to sell; that he stated to the plaintiff…

2Cases cited4 opinions

  1. Antisdel v. CanfieldMichigan Supreme Court · 1899
  2. Wood v. SmithMichigan Supreme Court · 1910
  3. McDonald v. BœingMichigan Supreme Court · 1880
  4. Williams v. McGrawMichigan Supreme Court · 1884

3Cited by10 opinions

  1. Haigler v. DonnellyCalifornia Supreme Court · 1941
  2. Hodgin v. PalmerSupreme Court of Colorado · 1922
  3. Pittelkow v. Jefferson Park Land Co.Michigan Supreme Court · 1938
  4. Davis-Fisher Co. v. HallMichigan Supreme Court · 1914
  5. Calka v. DonahoeMichigan Court of Appeals · 1969

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