Rice v. Benedict
| Decision Date | 11 January 1869 |
| Court | Michigan Supreme Court |
| Parties | Ethan H. Rice et al. v. Spencer S. Benedict |
Heard January 5, 1869
Error to Jackson circuit.
This was an action of debt founded upon a judgment. The case was referred to referees who filed their report. The case was submitted to the court on exceptions, filed by defendant in error. The exceptions were sustained, the report was set aside, and a judgment rendered for plaintiff below.
Judgment reversed, and the cause remanded for a new trial.
Johnson & Higby, for plaintiff in error.
Livermore & Wood, for defendant in error.
In this case, the suit having been referred under the statute, and the report of the referees having been excepted to, the circuit court, instead of confirming it in whole or in part, set it aside altogether, and then without any further trial or reference back, gave judgment for plaintiffs for $ 646.32 damages, with costs.
This was unauthorized by law. As soon as the report was set aside, the case stood in the same predicament as if the verdict of a jury had been vacated, and until a new trial should be had before the court or a jury or referees, there was nothing left to act upon. A report set aside leaves the cause as if it had never been tried, and there is left neither evidence nor finding; but merely an issue of fact requiring trial before any judgment can be given. Until some competent body has retried tat issue, the court cannot have any basis for determining which party should prevail, or what amount, if any, was due from one to the other. Every judgment must be based upon some finding, and here there is none whatever remaining in force. The judgment must be reversed, and the cause be remanded for a new trial.
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James v. Coleman
...before the trial was had. Lyons et al. v. Harris et al., 73 Iowa 292, 34 N.W. 864; Stroup v. Bridger, 124 Iowa 401, 100 N.W. 113; Rice v. Benedict, 18 Mich. 75; Gunn v. Bowers, 126 Pa. 552, 17 A. 893; Owen v. Owen, 9 Kan. 91, 92; Chandler v. Dye, 37 Kan. 765, 15 P. 925. Another reason for s......
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Lingenfelder v. Wainwright Brewing Co.
...the cause, were equivalent to the setting aside of a verdict and the granting of a new trial. Kennard v. Peck, 19 Mo.App. 342; Rice v. Benedict, 18 Mich. 75; Goulard Castillon, 12 Barb. (N. Y.) 126. Third. The case then stood ready for a retrial. "A report set aside leaves the cause as if i......
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James v. Coleman
...the trial was had. Lyons et al. v. Harris et al., 73 Iowa, 292, 34 N.W. 864; Stroup v. Bridger, 124 Iowa, 401, 100 N.W. 113; Rice v. Benedict, 18 Mich. 75; Gunn v. Bowers, 126 Pa. 552, 17 A. 893; Owen Owen, 9 Kan. 92; Chandler v. Dye, 37 Kan. 765, 15 P. 925. Another reason for sustaining th......
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Hopkins v. Sanford
...jury; and a previous reference and trial thereon, had before a referee under a stipulation, will not cut off this right. Rice v. Benedict, 18 Mich. 75. Upon the trial defendant sought to show, by oral testimony, that prior to, and at the time the contract in question was entered into, it wa......