Township of Cumming v. Schick

Michigan Supreme Court

Township of Cumming v. Schick

54 N.W. 40, 94 Mich. 222, 1892 Mich. LEXIS 1106

CourtMichigan Supreme Court

DecidedDecember 22, 1892

StatusPublished

Cited by8 cases

This text of 54 N.W. 40 (Township of Cumming v. Schick) 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

Township of Cumming v. Schick, 54 N.W. 40, 94 Mich. 222, 1892 Mich. LEXIS 1106 (Mich. 1892).

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Opinion

Montgomery, J.

The record in this case contains the testimony offered on the trial and the judgment. No exceptions were taken to rulings on the trial, but it is sought to review the conclusion of the trial judge upon the whole testimony, though no findings of fact or of law were requested. Under these circumstances we cannot review the conclusions reached by the trial judge. We have no means of knowing definitely the grounds upon which the trial judge proceeded. The defeated party has not a right to a trial de novo in this Court. The case is ruled by Haines v. Saviers, 93 Mich. 440, and cases cited.

Judgment is affirmed, with costs.

The other Justices concurred.

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Montgomery, J.

The record in this case contains the testimony offered on the trial and the judgment. No exceptions were taken to rulings on the trial, but it is sought to review the conclusion of the trial judge upon the whole testimony, though no findings of fact or of law were requested. Under these circumstances we cannot review the conclusions reached by the trial judge. We have no means of knowing definitely the grounds upon which the trial judge proceeded. The defeated party has not a right to a trial de novo in this Court. The case is ruled by Haines v. Saviers, 93 Mich. 440, and cases cited.

Judgment is affirmed, with costs.

The other Justices concurred.

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Bluebook (online)

54 N.W. 40, 94 Mich. 222, 1892 Mich. LEXIS 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/township-of-cumming-v-schick-mich-1892.

Opinion

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