Michigan Supreme Court, 1859

Tower v. Detroit & Milwaukee Railroad

Tower v. Detroit & Milwaukee Railroad
Michigan Supreme Court · Decided July 12, 1859 · Chiee, Ohristiancy
7 Mich. 10; 1859 Mich. LEXIS 40

Tower v. Detroit & Milwaukee Railroad

Opinion of the Court

The Chiee Justice:

We have repeatedly decided that we will not reverse the judgment of the circuit court, oñ a question of fact in :such a case; but ivhether that principle is applicable to this case, should be discussed at the hearing, and not on such a ■motion.

Mr. Gould also offered affidavits, to prove the fact upon 'which his first position was based.

'Ohristiancy, J.:

Have you any authorities that hold you may show such a fact by affidavit, where the record does not dis‘close it ?

'Gould:

The affidavits are offered in aid of the record, which does not show that there was an argument.

The Chiee Justice:

We can not consider.a question of this nature on affi’davits. The motion must be denied.

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