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213 Mich. 662

Simon v. Zarevich

Michigan Supreme Court

Decided March 30, 1921

Michigan Supreme Court · decided 1921-03-30

), J. Assumpsit in justice’s court by James J. Simon .against Ljubica Zarevich for the amount of a judgment. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Cited by 6 later decisions — most recently December 1930

6 state decisions

Relies on McDonell v. Union Trust Co. · Messer v. Dornbos · Kooman v. De Jonge

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1921-03-30

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Clark, J.

¶1In this cause, tried without a jury, there are no findings of fact and law. In a colloquy between court and counsel at the conclusion of the trial the court stated his views upon one question in the case but no exception was taken to the opinion announced. There is nothing before us to review. Circuit Court Rule No. 45; sections 12586, 12587, 3 Comp. Laws 1915; Wilson v. Hugus, 163 Mich. 577; Sparling v. Smeltzer, 140 Mich. 461; Kooman v. DeJonge, 186 Mich. 292; Messer v. Dornbus, 210 Mich. 46. And in such cases we cannot examine the testimony to see whether it supports the judgment. See McDonell v. Union Trust Co., 139 Mich. 386, and cases there cited.

¶2The judgment is affirmed.

Steers, C. J., and Moore, Fellows, Stone, Bird, and Sharpe, JJ., concurred.The late Justice Brooke took no part in this decision.
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