Delashman v. Berry
Michigan Supreme Court
Error to Branch Circuit. On the 29th day of May 1866, George A. Kellogg, the intestate of the defendant in error, commenced proceedings before the Circuit Court Commissioner of the county of Branch to obtain possession of premises, which on the 24th day of May, 1865, he had leased to William N. Delashman “ for the term of one year-, with the privilege of having the same three years at the same rent, and at the option of the lessee, for the annual rent of four hundred…
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Error to Branch Circuit. On the 29th day of May 1866, George A. Kellogg, the intestate of the defendant in error, commenced proceedings before the Circuit Court Commissioner of the county of Branch to obtain possession of premises, which on the 24th day of May, 1865, he had leased to William N. Delashman “ for the term of one year-, with the privilege of having the same three years at the same rent, and at the option of the lessee, for the annual rent of four hundred dollars; payable quarter-yearly.” The lease contained the further provisions that: “The said lessee hereby agrees to pay the…
1Opinion of the CourtChristiancy, J.
A preliminary objection was made by the counsel for defendant in error, that the special finding of facts by the Circuit Judge constitutes no part of the record; and in support of this objection we are referred to sections 3436 and 3437 Comp. Laws, and the act of 1863. Session laws, p. 188.
It is true, by ’these statutes the Circuit Judge is not compelled to specify the facts found and his conclusions of law thereon, unless requested by one of the parties.
But in all cases where the cause is tried before the Court without a jury, the decision of the Court is required to be in writing, and filed…
2Cases cited3 opinions
- Kelso v. KellyNew York Court of Common Pleas · 1860
- Sallee v. IrelandMichigan Supreme Court · 1861
- Brewer v. ThorpSupreme Court of Alabama · 1859
3Cited by44 opinions
- Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
- Howell v. City of Hamburg Co.California Supreme Court · 1913
- Quinn v. ValiquetteSupreme Court of Vermont · 1908
- Montgomery v. Board of CommissionersIndiana Supreme Court · 1881
- I. X. L. Furniture & Carpet Installment House v. BeretsUtah Supreme Court · 1907
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