146 Mich. 193 | Mich. | 1906
This case comes here on exceptions before sentence. Defendant was arrested upon a warrant. He appealed from a judgment of conviction in justice’s court, and in the circuit court a trial was had without a jury; the court making a finding of facts with conclusion that' defendant was guilty as charged. The charge is that the defendant violated an ordinance of the city of Ionia by going about the said city selling, and offering to sell, by sample, goods and property without having obtained a license. The record contains a bill of exceptions, in which is set out the testimony of various witnesses with various exhibits. It is not certified to contain all of the evidence produced at the trial. Exceptions were taken to the findings and to refusals to find as requested by defendant. Twelve errors are assigned, none of which are specifically relied upon or are mentioned in the brief for respondent; some of them relating to rulings upon the admission of evidence, some to the refusal of the court to find facts as requested, some to the final conclusion of the court. It is nowhere asserted that the findings are unsupported by evidence, or that the facts found do not support the verdict.
Two propositions are argued: One, that defendant was, through his principal, engaged in interstate commerce, and therefore not amenable to the ordinance in question; the other, that the ordinance is void because'in terms excepting from its operation persons selling vegetables, fish, meat, or farm produce, and bakers delivering bread and pastry to their customers at their dwellings in said city. Violations of the ordinance in question may be punished by fines of not less than $5 or more than $100, or by imprisonment in the county jail not more than 60 days, or by both fine and imprisonment, in the discretion of the court. No comment is made in either brief upon the practice pursued^ nor was any reference thereto made
We are urged by respondent to determine the case upon the merits. We must decline to do so. There is no judgment. There is a verdict, a finding that the respondent is guilty. As has been stated, the bill of exceptions does not purport to contain all of the evidence.
The proceeding is dismissed, and the court below is advised to proceed to judgment. No costs will be awarded to either party.