Albert v. Sutton

28 Mich. 2, 1873 Mich. LEXIS 158

Opinion

The Court

held that on a special appeal from a justice’s court, questions of the admissibility of evidence before the justice are not subject to review; and that where the justice, in his return to such an appeal, states a ruling made by him, without giving the ground on which it was made, the circuit court cannot assume that the justice’s ruling was made upon any particular and erroneous ground, when another and admissible ground is equally consistent ■with the return. •

Judgment reversed.