Michigan Supreme Court, 1859

Sanger v. Truesdail

Michigan Supreme Court · Decided July 12, 1859

7 Mich. 9; 1859 Mich. LEXIS 39

Counsel

On the case being now called, A. Pond and IT. IE. Emmons, for defendant, stated that they were satisfied the plea was too broad, and therefore bad, and must be overruled., P. G. Eoibroole, and S. T. Pouglass, contra, clainied a right to be heard on the merits presented by the plea. They stated that’they should take no objection whatever to the form, of the plea, and they insisted that the court ought to pass only upon the points which they made.

Opinion of the Court

By The Court:

.It is conceded here, on both sides, that the plea is bad. This is the only question on which the court below has asked of us our opinion; and when this is disposed of, any further advice we might give the court below would *10be quite outside the record, an argument in the case.*

We will not, therefore, hear

In the caso of The Michigan Southern and Northern Indiana Railroad Co. v. Danis, which camo oil for hearing at the May Term, 1859, counsel for defendant in error, on the cause being called, conceded that thoro were some errors in the record, and that the judgment must be reversed. Nmmons, for plaintiff in error desired to be heard on other points, which he thought ought to be passed upon by the court, but the court declined to hear the argument.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.