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Sparling v. Smeltzer

Sparling v. Smeltzer, 103 N.W. 1131 (Mich. 1905)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 8, 1905
Docket
No. 110
Judges
Blair, Grant, Montgomery, Moore, Ostrander
Citations
103 N.W. 1131140 Mich. 4611905 Mich. LEXIS 590
Disposition
Affirmed.
Headnotes
Saving Questions for Review — Case Tried to Court — Findings. Where in a case tried to the court without a jury, no findings of fact or law are made or requested, and no exception taken to the conclusion announced, error assigned upon the opinion of the court and entry of judgment cannot be reviewed.
Summary
Error to Benzie; Chittenden, J. Replevin by Joseph Sparling against Joseph Smeltzer. There was judgment for defendant, and 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 — Ostrander

Text extracted by OCR from a scanned original; check the original for exact wording.

Ostrander, J.

This action is replevin for a cow and calf owned by plaintiff and held by defendant, who claimed they were estrays. The case was tried without a jury. No findings of fact or of law were requested, or were made. *462 The court, at the conclusion of the trial, stated his views generally, and these remarks are in the record. No exceptions were taken to any of the conclusions announced. The errors assigned are based upon rulings made in admitting and rejecting evidence, and upon the opinion of the court and the entry of judgment. As to the first, wg have examined them, and are not convinced that any error was committed. As to the others, the case is ruled by McDonell v. Union Trust Co., 139 Mich. 386 , and cases therein cited.

The judgment below must be affirmed.

Moore, C. J., and Grant, Blair, and Montgomery, JJ., concurred.

How later courts describe this case

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

1910: 11921: 119102026peak 1910 · 1

Relies on it most ⓘ

  1. Wilson v. Hugus128 N.W. 781 (Mich. 1910)
  2. Simon v. Zarevich181 N.W. 979 (Mich. 1921)

Most recent

  1. Simon v. Zarevich181 N.W. 979 (Mich. 1921)
  2. Wilson v. Hugus128 N.W. 781 (Mich. 1910)

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
McDonell v. Union Trust Co., 102 N.W. 953 (Mich. 1905) 11

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