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38 Mich. 610

Burdick v. Chamberlain

Michigan Supreme Court

Decided April 9, 1878

Michigan Supreme Court · decided 1878-04-09

<p> Finding of facts. </p> <p>A finding of facts will not support a judgment for plaintiff if it does not contain all that is essential to the plaintiff’s recovery,</p>

Cited by 1 later decisions — most recently April 1881

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-04-09

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Per Curiam.

¶1In this case the finding of facts is imperfect; so much so that it is impossible to review the case upon the merits. The rule is well settled that the finding of facts must contain all that is essential to the plaintiff’s recovery; and if it does not, an assignment of error that the finding does not support the judgment must prevail. Wood v. La Rue, 9 Mich., 158; Burk v. Webb, 32 Mich., 173. The case must go back for a new hearing, and it would be improper to intimate any opinion on the merits on a record which sets forth the proceedings so imperfectly. •

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