Towl v. Bradley

Decision Date26 February 1896
CitationTowl v. Bradley, 108 Mich. 409, 66 N.W. 347 (Mich. 1896)
CourtMichigan Supreme Court
PartiesTOWL v. BRADLEY.

Error to circuit court, Muskegon county; Fred J. Russell, Judge.

Action by Albert Towl against James M. Bradley.There was a judgment for plaintiff, and defendant brings error.Reversed.

F. W. Cook, for appellant.

Bunker & Carpenter, for appellee.

HOOKER, J.

This case is within the rule laid down in Monaghan v. Insurance Co.,53 Mich. 245, 18 N.W. 797.The defendant had a right to question the jurors upon the subject of their prejudices against the defense of the statute of limitations, as a means of determining whether or not to exercise the right of peremptory challenge.As the other assignments of error are not discussed in the brief, we do not pass upon them.The judgment is reversed, and a new trial ordered.The other justices concurred.

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