People ex rel. Willing v. Judges of the Circuit Court
Michigan Supreme Court
Motion for a mandamus. Jacob M. Wilsie brought replevin against Willing, the relator, in a justice’s court, and recovered a judgment.
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Motion for a mandamus. Jacob M. Wilsie brought replevin against Willing, the relator, in a justice’s court, and recovered a judgment. The relator removed the cause by writ of certiorari to the Circuit Court for the county of Jackson, where the judgment of the justice was reversed, at the April term, 1842. At the ensuing October term, the relator, the plaintiff in the certiorari, moved the Circuit Court for judgment for costs, “ and that a jury be called to assess the plaintiff’s damages.” Whereupon the Court made an order “that the motion .of the plaintiff in error, that a jury be empannelled…
1Opinion of the CourtGoodavin, J.
The principal point presented in argument is, whether, under the statutes, the Court should have empannelled a jury, to assess the value of the property replevied ; and, as involved in this proposition, whether it had the authority to do so. The solution of this question depends on the construction to be given to the chapter in the Revised Statutes on Replevin, (R. S. 523,) and the Justice’s act of 1841, (S. L. 1841, p. 81.)
The 6th section of the former contains the provision under which the power is claimed to exist. It provides that, “if the plaintiff discontinue, become nonsuited, or…
2Cited by4 opinions
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