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38 Mich. 650

Gray v. Pike

Michigan Supreme Court

Decided April 16, 1878

Michigan Supreme Court · decided 1878-04-16

<p>Mis-trial — Defective finding.</p> <p>In a suit on a guaranty of collection, a finding that shows an apparent exhaustion of legal remedies, but does not describe or identify the note or show that the plaintiff is still holder, amounts to a mis-trial.</p>

Decided 1878-04-16

Campbell, C. J.

¶1Suit being brought on guaranty of oUection the judge who tried the cause made a special finding which, while referring to a note of some kind and its guaranty, finds facts showing an apparent exhaustion of legal remedies. But the note itself is not described or identified, nor is it found that the plaintiff is still holder.

¶2The mistake is a slip which has led to a mis-trial. The judgment must be reversed with costs and a new trial granted.

The other Justices concurred.
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