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Dennison v. Carpenter

Dennison v. Carpenter, 181 N.W. 974 (Mich. 1921)
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Court
Michigan Supreme Court · State Highest Courts
Decided
March 30, 1921
Docket
No. 61
Judges
Bird, Clark, Moore, Sharpe, Steere, Stone, Wiest
Citations
181 N.W. 974213 Mich. 6581921 Mich. LEXIS 606
Disposition
Affirmed.
Headnotes
Appeal and Error — Exceptions—Assignments of Error. In an action of ejectment, tried before the court without a jury, upon stipulated facts, where no exceptions were taken and no assignments of error made, there is nothing before the Supreme Court to review. Circuit Court Rules Nos. 45 and 67.
Summary
Case-made from Kent; Brown (William B.), J. Ejectment by William H. Dennison against Norman Carpenter and another. Judgment for defendants. Plaintiff appeals.

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

Opinion of the Court — Clark

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

Clark, J.

In this cause, tried without a jury, -.upon stipulated facts, there are no exceptions and *659 no assignments or statements of error. There is nothing before us to review. See Circuit Court Rule No. 67; Circuit Court Rule No. 45, and cases cited in the notes.

In a cause tried without a jury upon stipulated facts, Kooman v. DeJonge, 186 Mich. at page 294, it is said:

“It is contended by the appellee that in the absence of any exceptions there is nothing for this court to review. We held in Weist v. Morlock, 116 Mich. 606 (see Stafford v. Crawford, 118 Mich. 285 ), that when no exceptions are taken to findings of fact and law by the court, the only question which can be raised on appeal is whether the findings support the judgment, and that question is open only when made the basis of an assignment of error. This rule, and construction of Circuit Court Rule No. 26, has been many times approved. It would seem, when parties submit a cause upon a stipulation of facts, instead of asking the court to' find the facts, that whether the facts support the judgment is a question open to the appellant if made the basis of an assignment of error.”

See, also, Peabody v. McAvoy, 23 Mich. 526 ; Tuxbury v. French, 39 Mich. 190 .

The judgment is affirmed.

Steere, C. J., and Moore, Wiest, Fellows, Stone, Bird, and Sharpe, JJ., concurred.

How later courts describe this case

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

1925: 11927: 11930: 219252026peak 1930 · 2

Relies on it most ⓘ

  1. Wormley v. Grand Rapids Trust Co.206 N.W. 307 (Mich. 1925)
  2. Donohue v. Wayne Circuit Judge213 N.W. 150 (Mich. 1927)
  3. Maine v. Neuman233 N.W. 356 (Mich. 1930)
  4. Eason v. Eason's Estate230 N.W. 938 (Mich. 1930)

Most recent

  1. Maine v. Neuman233 N.W. 356 (Mich. 1930)
  2. Eason v. Eason's Estate230 N.W. 938 (Mich. 1930)
  3. Donohue v. Wayne Circuit Judge213 N.W. 150 (Mich. 1927)
  4. Wormley v. Grand Rapids Trust Co.206 N.W. 307 (Mich. 1925)

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 4

DepthCaseCited by
Weist v. Morlock, 74 N.W. 1012 (Mich. 1898) 11
Peabody v. McAvoy, 23 Mich. 526 (1871) 9
Stafford v. Crawford, 76 N.W. 496 (Mich. 1898) 8
Tuxbury v. French, 39 Mich. 190 (1878) 4

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