Legal Opinion

Miller v. Chaffee

Michigan Supreme Court

Decided January 15, 1849PublishedCited by 2 opinions

Error to Wayne Circuit Court, on a judgment of that court affirming, on certiorari, a judgment of the county court.

1Opinion of the Court

By the court,

Miles, J.

The question is, whether, upon this writ of error, we have any thing to do with the disputed questions of fact, determined by the county court.

A writ of error is said to lie only upon matters of law arising upon the face of the proceedings. 2 Chit. Black. 406.

By the statute, a review of the proceedings and judgment of the county court may be had upon certiorari { and the circuit is in such case-'required to give judgment in the cause as the right of the matter shall appear, without regarding technical omissions,. &c., which did not affect the merits.

It is not our…

2Cited by2 opinions

  1. Elliott v. WhitmoreMichigan Supreme Court · 1858
  2. Cicotte v. MorseMichigan Supreme Court · 1860

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