42 Mich. 318 | Mich. | 1879
What effect the failure to file the chattel
The court properly rejected the evidence offered to prove what Hutchinson had testified to in the justice’s court ease. The witness was but temporarily absent from the State, and it did not appear that he had been subpoenaed, or that any effort had been made to procure his testimony or personal attendance at the trial. The rule laid down in Howard v. Patrick, 38 Mich., 795, should not be extended to such a case.
The judgment must be affirmed with costs.