Tower v. Detroit & Milwaukee Railroad

The Chiee Justice: We have repeatedly decided that we will not reverse the judgment of the circuit court, oñ a question of fact in :such a case; but ivhether that principle is applicable to this case, should be discussed at the hearing, and not on such a ■motion. Mr. Gould also offered affidavits, to prove the fact upon 'which his first position was based. 'Ohristiancy, J.: Have you any authorities that hold you may show such a fact by affidavit, where the record does not dis‘close it ? 'Gould: The affidavits are offered in aid of the record, which does not show that there was an argument. The Chiee Justice: We can not consider.a question of this nature on affi’davits. The motion must be denied.