O'Flynn v. Holmes
Michigan Supreme Court
Error to Wayne circuit. The return to the writ of error was filed in this court April 1, 1859, from which it appears that judgment was rendered in the court below, November 26th, 1858, against plaintiff in error. The declaration was in assumpsit on the common counts only, and judgment taken by default. Errors were assigned May 24th, the principal» one being that the damages were assessed in the court below by the clerk, instead of by the court or a jury.
1Opinion of the Court
Bv the Court:
We think the defendants in error too late in their action, and the motion must be denied.
And we think also that where a party, after return has been made to a writ of error, desires an' amendment to the record of the court below, for the purpose of taking advantage of the amendment here, he ought to first apply to this court for leave to have the record remitted for the purpose of amendment, and make a showing by affidavit of the reasons for it, that we may see whether the case is a proper one to allow an amendment with a view to affect proceedings already taken in this court.
2Cited by2 opinions
- O'Flynn v. EagleMichigan Supreme Court · 1860
- Stroppel v. PlagemanOhio Superior Court, Cincinnati · 1905