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South Arm Lumber Co. v. Silverthorne

South Arm Lumber Co. v. Silverthorne, 101 N.W. 1132 (Mich. 1904)
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Court
Michigan Supreme Court · State Highest Courts
Decided
December 14, 1904
Docket
No. 99
Judges
Cabpenteb, Other
Citations
101 N.W. 1132138 Mich. 4651904 Mich. LEXIS 876
Disposition
Affirmed.
Headnotes
Appeal and Error—Questions Considered—Questions Argued. Reversal will be granted only on some ground urged in appellant’s original brief.
Summary
Appeal from Marquette; Stone, J. Bill by tbe South Arm Lumber Company against Asa K. Silverthorne and others, copartners as Silverthorne & Co., to enforce a lien for the sawing of certain lumber. From a decree for complainant, defendants appeal.

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

Opinion of the Court — Cabpenteb

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Cabpenteb, J.

Complainant sawed a quantity of lumber for defendants. He brings this suit to enforce a lien against a part of that lumber for a balance of the saw bill claimed to be unpaid.

The only ground stated in defendants’ original brief for the reversal of the decree—and this, therefore (see Gould v. Gregory, 133 Mich. 382 ), is the only ground upon which we should reverse it—is that the trial court reached a wrong conclusion from the testimony.

It is urged that the proper conclusion of fact to be drawn from this testimony is, not that there was a balance of |1,700 due complainant, as the learned trial judge found, but that it had been paid by defendants.

It is sufficient to say that a careful examination of the testimony convinces us that the trial court reached a correct conclusion.

The decree is therefore 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.

1918: 119182026peak 1918 · 1

Relies on it most ⓘ

  1. Triangle Land Co. v. City of Detroit170 N.W. 549 (Mich. 1918)

Most recent

  1. Triangle Land Co. v. City of Detroit170 N.W. 549 (Mich. 1918)

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 1

DepthCaseCited by
Gould v. Gregory, 95 N.W. 414 (Mich. 1903) 3

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