Michigan Supreme Court, 1905

Sparling v. Smeltzer

Michigan Supreme Court · Decided June 8, 1905 · Blair, Grant, Montgomery, Moore, Ostrander

140 Mich. 461; 103 N.W. 1131; 1905 Mich. LEXIS 590

Cases that cite this one

2 later published cases cite this decision.

Wilson v. Hugus (Mich. 1910)
Simon v. Zarevich (Mich. 1921)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Ostrander, J.

This action is replevin for a cow and calf owned by plaintiff and held by defendant, who claimed they were estrays. The case was tried without a jury. No findings of fact or of law were requested, or were made. *462The court, at the conclusion of the trial, stated his views generally, and these remarks are in the record. No exceptions were taken to any of the conclusions announced. The errors assigned are based upon rulings made in admitting and rejecting evidence, and upon the opinion of the court and the entry of judgment. As to the first, wg have examined them, and are not convinced that any error was committed. As to the others, the case is ruled by McDonell v. Union Trust Co., 139 Mich. 386, and cases therein cited.

The judgment below must be affirmed.

Moore, C. J., and Grant, Blair, and Montgomery, JJ., concurred.

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