Gilman v. Circuit Judge

Michigan Supreme Court

Gilman v. Circuit Judge

1 McGrath 907, 21 McGrath 372

DecidedOctober 5, 1870

StatusPublished

This text of 1 McGrath 907 (Gilman v. Circuit Judge) 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

Gilman v. Circuit Judge, 1 McGrath 907, 21 McGrath 372 (Mich. 1870).

Pincite

Opinion

To vacate an order granting a new trial in an action of ejectment.

Denied October 5, 1870.

The case had been twice tried. The first trial had been reversed upon a writ of error to the Supreme Court. On the second trial verdict and judgment passed for relator. An application was made, under Sec. 1589 of the Comp. Laws, and a new trial was granted.

Held, that the new trial in question is the first new trial under this section; that if a judgment has been wrongfully obtained as by error of law or fact, it is subject to reversal, being reversed the case stands the same as though no such judgment had ever been rendered.

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

To vacate an order granting a new trial in an action of ejectment.

Denied October 5, 1870.

The case had been twice tried. The first trial had been reversed upon a writ of error to the Supreme Court. On the second trial verdict and judgment passed for relator. An application was made, under Sec. 1589 of the Comp. Laws, and a new trial was granted.

Held, that the new trial in question is the first new trial under this section; that if a judgment has been wrongfully obtained as by error of law or fact, it is subject to reversal, being reversed the case stands the same as though no such judgment had ever been rendered.

Cite This Page — Counsel Stack

Bluebook (online)

1 McGrath 907, 21 McGrath 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilman-v-circuit-judge-mich-1870.