Botsford v. Sweet

Michigan Supreme Court

Botsford v. Sweet

13 N.W. 385, 49 Mich. 120, 1882 Mich. LEXIS 504

CourtMichigan Supreme Court

DecidedOctober 4, 1882

StatusPublished

Cited by1 cases

This text of 13 N.W. 385 (Botsford v. Sweet) 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

Botsford v. Sweet, 13 N.W. 385, 49 Mich. 120, 1882 Mich. LEXIS 504 (Mich. 1882).

Pincite

Opinion

Marston, J.

We are of opinion that there was testimony introduced on the trial before the referee tending to show •a liability as against the defendant, and that officer having considered it sufficient, the judgment cannot be disturbed [122]*122within the rule laid down in Conely v. McDonald 40 Mich. 150, and subsequently adhered to.

After the death of the plaintiff the cause should have been properly revived before rendering judgment, and this-for the proper protection of the defendant, and for this purpose the cause should be remanded. The judgment will therefore be affirmed with costs and the cause remanded, so-that a proper revivor of the suit may be made.

The other Justices concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Marston, J.

We are of opinion that there was testimony introduced on the trial before the referee tending to show •a liability as against the defendant, and that officer having considered it sufficient, the judgment cannot be disturbed [122]*122within the rule laid down in Conely v. McDonald 40 Mich. 150, and subsequently adhered to.

After the death of the plaintiff the cause should have been properly revived before rendering judgment, and this-for the proper protection of the defendant, and for this purpose the cause should be remanded. The judgment will therefore be affirmed with costs and the cause remanded, so-that a proper revivor of the suit may be made.

The other Justices concurred.

Cite This Page — Counsel Stack

Bluebook (online)

13 N.W. 385, 49 Mich. 120, 1882 Mich. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/botsford-v-sweet-mich-1882.

Opinion

Related

Cite This Page — Counsel Stack