American Steel & Wire Co. v. Lippman

Michigan Supreme Court

American Steel & Wire Co. v. Lippman

222 N.W. 74, 245 Mich. 211, 1928 Mich. LEXIS 1106

CourtMichigan Supreme Court

DecidedDecember 4, 1928

DocketDocket No. 57, Calendar No. 33,987.

StatusPublished

This text of 222 N.W. 74 (American Steel & Wire Co. v. Lippman) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Steel & Wire Co. v. Lippman, 222 N.W. 74, 245 Mich. 211, 1928 Mich. LEXIS 1106 (Mich. 1928).

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Opinion

Fellows, J.

This case was tried by the court without a jury. No findings of fact or conclusions of law were filed, and not until over two and one-half months after the entry of judgment was there any request made that they be filed. The trial judge then declined to make and file them. Under the repeated' decisions of this court, the defendants have not made a record which enables us to consider the principal questions raised. Defendants insist that such questions are preserved by their motion for a directed verdict, although there was no jury there to direct, and cite Gervickes v. Assurance Co., 222 Mich. 103. But in that case there were specific findings of fact filed, and we held that under the motion for a directed verdict, we could consider whether the facts found were supported by any testimony. But here no facts have been found, and in the ab'sence of such findings it is difficult to perceive how we can decide whether the proofs support nonexistent findings. An examination of the entire record satisfies us that no injustice is done defendants by sustaining this question o.f practice which is urged upon us by plaintiff’s counsel.

*213 There'are assignments of error relating to rulings on the admissibility of testimony, hut they are without merit

The judgment will he affirmed.

Fead, C. J., and North, Wiest, Clark, McDonald, Potter, 'and Sharpe, JJ., concurred.

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Fellows, J.

This case was tried by the court without a jury. No findings of fact or conclusions of law were filed, and not until over two and one-half months after the entry of judgment was there any request made that they be filed. The trial judge then declined to make and file them. Under the repeated' decisions of this court, the defendants have not made a record which enables us to consider the principal questions raised. Defendants insist that such questions are preserved by their motion for a directed verdict, although there was no jury there to direct, and cite Gervickes v. Assurance Co., 222 Mich. 103. But in that case there were specific findings of fact filed, and we held that under the motion for a directed verdict, we could consider whether the facts found were supported by any testimony. But here no facts have been found, and in the ab'sence of such findings it is difficult to perceive how we can decide whether the proofs support nonexistent findings. An examination of the entire record satisfies us that no injustice is done defendants by sustaining this question o.f practice which is urged upon us by plaintiff’s counsel.

*213 There'are assignments of error relating to rulings on the admissibility of testimony, hut they are without merit

The judgment will he affirmed.

Fead, C. J., and North, Wiest, Clark, McDonald, Potter, 'and Sharpe, JJ., concurred.

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Bluebook (online)

222 N.W. 74, 245 Mich. 211, 1928 Mich. LEXIS 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-steel-wire-co-v-lippman-mich-1928.

Opinion

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