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131 Mich. 407

Wickes v. Pulfrey

Michigan Supreme Court

Decided September 17, 1902

Michigan Supreme Court · decided 1902-09-17

<p>1. Appeal — Record—Findings op Fact — Review op Testimony.</p> <p>Where the record on appeal in a case tried without a jury contains no findings of fact, the question of whether the testimony supports the judgment will not be considered.</p> <p>3. Same — Opening Case After Judgment.</p> <p>Where a ruling of the trial court on a request to open the case after judgment to permit the filing of a request for findings does not appear in the record, it. will not be considered on appeal.</p>

Cited by 1 later decisions — most recently March 1905

1 state decisions

Relies on Wertin v. Crocker · Township of Cumming v. Schick · Plumer v. Abbey

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1902-09-17

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Montgomery, J.

¶1This case is brought before us for review on error. The case was tried before the court without a jury, and resulted in a judgment for defendant. No finding of facts appears in the record.

¶2The plaintiff’s brief is devoted to an argument that a different result should have been reached, the contention being that the testimony was such as entitled the plaintiff to a judgment. It has been repeatedly held that such a question cannot be considered without a finding. Plumer v. Abbey, 39 Mich. 167; Wertin v. Crocker, 47 Mich. 642 (6 N. W. 683); Morgan v. Botsford, 82 Mich. 153 (46 N. W. 230); Township of Cumming v. Schick, 94 Mich. 222 (54 N. W. 40); In re Buchan’s Estate, 100 Mich. 219 (58 N. W. 1003).

¶3In this case it is stated in plaintiff’s supplemental brief that a request was made to the circuit judge, on the day after judgment was entered, to open the case, and permit a request for findings to be filed. This ruling does not appear in the record, and, if open to review by this court in any proceeding, cannot be considered on this appeal.

¶4The judgment will be affirmed.

Hooker, C. J., Moore and Grant, JJ., concurred.
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