147 Mich. 641 | Mich. | 1907
The plaintiff brought this action in justice’s court in assumpsit, and declared on the common counts. On the trial he offered evidence to show that his wife, Celia Plefka, sustained an injury while riding upon a car of defendant through defendant’s negligence, and that this negligent act of defendant had made it necessary for plaintiff to expend $43 for medical attendance. Defendant contended that there could be no recovery under the pleadings. The contention was overruled, and judgment was entered for the plaintiff. Thereupon defendant sued out a writ of certiorari to the circuit court, where the judgment was affirmed. Error is brought to review this ruling of the circuit judge.
It is contended that the judgment of the justice should be affirmed on the ground that substantial justice was done, and that under the statute (1 Comp. Laws, § 948) •the court on error is authorized to render judgment in accordance with the right of the matter. We have in many cases held that technical errors which do not affect the rights of the parties may and should be ignored on
Judgment reversed, with costs of both courts.