Burdick v. Chamberlain

Michigan Supreme Court

Burdick v. Chamberlain

38 Mich. 610, 1878 Mich. LEXIS 131

CourtMichigan Supreme Court

DecidedApril 9, 1878

StatusPublished

Cited by1 cases

This text of 38 Mich. 610 (Burdick v. Chamberlain) 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

Burdick v. Chamberlain, 38 Mich. 610, 1878 Mich. LEXIS 131 (Mich. 1878).

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Opinion

Per Curiam.

In this case the finding of facts is imperfect; so much so that it is impossible to review the case upon the merits. The rule is well settled that the finding of facts must contain all that is essential to the plaintiff’s recovery; and if it does not, an assignment of error that the finding does not support the judgment must prevail. Wood v. La Rue, 9 Mich., 158; Burk v. Webb, 32 Mich., 173. The case must go back for a new hearing, and it would be improper to intimate any opinion on the merits on a record which sets forth the proceedings so imperfectly. •

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Per Curiam.

In this case the finding of facts is imperfect; so much so that it is impossible to review the case upon the merits. The rule is well settled that the finding of facts must contain all that is essential to the plaintiff’s recovery; and if it does not, an assignment of error that the finding does not support the judgment must prevail. Wood v. La Rue, 9 Mich., 158; Burk v. Webb, 32 Mich., 173. The case must go back for a new hearing, and it would be improper to intimate any opinion on the merits on a record which sets forth the proceedings so imperfectly. •

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Bluebook (online)

38 Mich. 610, 1878 Mich. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burdick-v-chamberlain-mich-1878.

Opinion

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