Berry v. Lowe
Michigan Supreme Court
Error to Wayne Circuit. Berry brought replevin before a justice to recover of Lowe a trunk, certain articles of wearing apparel, and other goods. On trial, the justice found for the plaintiff as to a part of the articles replevied, and gave judgment in his favor for six cents damages and five dollars costs; and he awarded a return of the remaining articles to Lowe.
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Error to Wayne Circuit. Berry brought replevin before a justice to recover of Lowe a trunk, certain articles of wearing apparel, and other goods. On trial, the justice found for the plaintiff as to a part of the articles replevied, and gave judgment in his favor for six cents damages and five dollars costs; and he awarded a return of the remaining articles to Lowe. Lowe sued out of the Circuit Court a writ of certiorari,, assigning in his affidavit therefor the following among other erx-ors: “ That the said Justice erred in giving a general judgment of costs against this defendant, upon a…
1Opinion of the Court
Manning J.:
The assignment of errors is sufficient. It is “that the Circuit Judge erred in holding' that the justice’s judgment was erroneous in the several causes of error assigned in the affidavit for certiorari.” The statute requires the party applying for a certiorari to “make or cause to be made an affidavit, setting forth the substance of the testimony and proceedings before the justice, and the grounds upon which <m allegation of error is founded — Comp. L. § 3869. And the case is to be brought to argument on the justice’s return, “without any assignment or joinder in error, unless…
2Cases cited2 opinions
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