Michigan Supreme Court, 1882

Babbitt v. Calkins

Babbitt v. Calkins
Michigan Supreme Court · Decided October 31, 1882 · Marston, Other
49 Mich. 394; 13 N.W. 790; 1882 Mich. LEXIS 584

Babbitt v. Calkins

Opinion of the Court

Marston, J.

We discover no error in the record in this case. If the case had been submitted to a jury and a general verdict rendered, then the position taken would have force. The court however found the facts and that the plaintiff was entitled to recover under the second count of the declaration. This was proper and justified the court in rendering judgment for treble damages.

The judgment must be affirmed with costs.

The other Justices concurred.

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