Weist v. Morlock

Decided April 19, 1898

Michigan Supreme Court · decided 1898-04-19

<p>Appeal — Review on Findings — Assignments of Error.</p> <p>Where a ease is tried before the court without a jury, and no exceptions are taken to the findings of fact and law by the court, the only question that can be raised upon appeal is whether the findings support the judgment; and that question is not open for consideration unless it is made the basis of an assignment of error.</p>

Relies on Cook v. Burnett

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1898-04-19

How this case has been cited

Cited by 11 later decisions — most recently June 1930

1 federal appellate · 10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Grant, C. J.

¶1This case involves $300, and was tried before the court without a jury. The court made written findings of facts and law, to none of which were any exceptions taken. Several errors are assigned upon both. Under the repeated decisions of this court, the only question open for decision is whether the findings support the judgment. Upon this point there is no allegation of error, *607and it is not argued in the brief. It is not, therefore, open for consideration. Cook v. Burnett, 83 Mich. 251. We have, however, examined the findings sufficiently to hold that they support the judgment.

¶2Judgment affirmed.

The other Justices concurred.