Legal Opinion

Harvey v. Cady

Michigan Supreme Court

Decided January 15, 1855PublishedCited by 2 opinions

Error to Macomb Circuit Court. This was an action of assumpsit, originally brought by the defendant in error, against the plaintiff in error, in the Ma-comb County Court, on a written contract, signed by the parties, and in which, among other things, the plaintiff: in error agreed to dear, within a specified period of time, a certain piece of land; and the defendant in error 'agreed to dig thereon a certain ditch “ two feet deep, and eighteen inches wide at the bottom,” &c.

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Error to Macomb Circuit Court. This was an action of assumpsit, originally brought by the defendant in error, against the plaintiff in error, in the Ma-comb County Court, on a written contract, signed by the parties, and in which, among other things, the plaintiff: in error agreed to dear, within a specified period of time, a certain piece of land; and the defendant in error 'agreed to dig thereon a certain ditch “ two feet deep, and eighteen inches wide at the bottom,” &c. The cause was tried by a jury in the County Court, and a verdict returned for the defendant in error, upon which…

1Opinion of the Court

By the Court,

Pratt, J.

This is a case that may be summarily disposed of. But two errors are assigned by the plaintiff' in error for a reversal of the judgment below, and they are alleged to consist in the ruling of the County Court, in not permitting the plaintiff in error to prove, under objection, on the trial of the cause in that Court, first, “ the rule among protessors of surveying and civil engineering, for digging ditches,” and secondly, “ the general custom .of the country, in digging ditches from point to point, over low and uneven ground.”

The evidence which the plaintiff in error…

2Cited by2 opinions

  1. Lamb v. HendersonMichigan Supreme Court · 1886
  2. Congregation B'nai Sholom v. MartinMichigan Supreme Court · 1969

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