28 Mich. 2
Decided October 7, 1873
Michigan Supreme Court · decided 1873-10-07
' Suit was brought by Albert against Sutton before a justice of the peace, and judgment rendered in favor of the plaintiff. The defendant took a special appeal to the circuit, alleging as errors: first, a ruling of the justice in excluding certain evidence offered by the defendant; and, second, the overruling of a motion made by defendant to amend his plea.
Cited by 2 later decisions — most recently March 1894
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1873-10-07
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¶1held that on a special appeal from a justice’s court, questions of the admissibility of evidence before the justice are not subject to review; and that where the justice, in his return to such an appeal, states a ruling made by him, without giving the ground on which it was made, the circuit court cannot assume that the justice’s ruling was made upon any particular and erroneous ground, when another and admissible ground is equally consistent ■with the return. •
¶2Judgment reversed.