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Irwin v. Schlief

David Irwin v. Michael Schlief

Irwin v. Schlief, 12 N.W. 220 (Mich. 1882)
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Court
Michigan Supreme Court · State Highest Courts
Decided
April 25, 1882
Judges
Marston, Other
Citations
12 N.W. 22048 Mich. 2371882 Mich. LEXIS 790
Disposition
Affirmed.
Headnotes
Abandonment of exceptions — Review of cases tried, without a jury — Affirm> anee of judgment. Exceptions not referred to in the arguments of counsel are presumed to have been abandoned. Where no written finding of facts is ashed fo? or made, the Supreme-Court cannot review the facts or evidence -in a suit at law tried without a jury. Judgment is affirmed where no question is presented which the court can consider.
Summary
Error to Kent. Assumpsit. Plaintiff brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Marston

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Marston, J.

This case was tried by the court without a jury. A bill of exceptions was settled, but no written finding of facts was asked for or made. Exceptions were taken to rulings made upon the admissibility of certain testimony, but no reference whatever is made thereto in the brief of counsel. We must assume therefore that they have been abandoned. The argument submitted is upon the merits, based upon facts appearing in the bill of exceptions. It is almost needless to say that this court cannot review the facts or evidence in the case. As no question has therefore been presented to this Court which we can consider, the judgment must be affirmed with costs.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1889: 11905: 21912: 118892026peak 1905 · 2

Relies on it most ⓘ

  1. Moore v. Royal Oak Lumber & Supply Co.137 N.W. 270 (Mich. 1912)
  2. Rose v. Eaton43 N.W. 972 (Mich. 1889)
  3. McDonell v. Union Trust Co.102 N.W. 953 (Mich. 1905)
  4. Employers' Liability Assurance Corp. v. Grand Rapids Bridge Co.102 N.W. 975 (Mich. 1905)

Most recent

  1. Moore v. Royal Oak Lumber & Supply Co.137 N.W. 270 (Mich. 1912)
  2. Employers' Liability Assurance Corp. v. Grand Rapids Bridge Co.102 N.W. 975 (Mich. 1905)
  3. McDonell v. Union Trust Co.102 N.W. 953 (Mich. 1905)
  4. Rose v. Eaton43 N.W. 972 (Mich. 1889)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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