18 Mich. 194
Decided April 14, 1869
Michigan Supreme Court · decided 1869-04-14
This was an appeal from the allowance of commissioners on claims upon the estate of decedent. In the Circuit Court no declaration was filed, or new issue formed. The claim, as presented to the commissioners, as shown, by their report, was for the sum of $1,400, or thereabouts, balance due on account, and the judgment in the court below, upon the verdict of the jury, was for $2,800.
Cited by 2 later decisions — most recently May 1911
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1869-04-14
View the full empirical analysis of this case →
¶1The Court held that where, upon such an appeal, no new issue was formed in the Circuit Court, and no declartion filed, the report of the commissioners setting forth the nature of the claim, would stand as the declaration in the case; and any judgment in the Circuit Court beyond the claim presented to the commissioners, was erroneous.
¶2Judgment reversed.