Drewyour v. Merrell
Michigan Supreme Court
Error to Monroe; Kinne, J. Case by William Drewyour against John H. Merrell and another for the unlawful detention of plaintiff’s horse. From a judgment for plaintiff on verdict directed by the court, defendants bring error.
1Opinion of the CourtHooker, J.
The only question that need be discussed in this case is whether a defendant in a replevin case, who appeared and took judgment for the return of the property upon discontinuance by the plaintiff therein, but refused to prove or claim Ms damages for the seizure and detention of the property by virtue of the writ, may after-wards recover such damages in an action brought for the purpose. There is probably no doubt that a judgment for damages would have been a bar had the defendant assessed Ms damages, as be might have done. 2 How. Stat. §§ 8346-8349, provide for a judgment for damages in favor…
2Cases cited4 opinions
- White v. Van HoutenSupreme Court of Missouri · 1873
- Thisler v. MillerSupreme Court of Kansas · 1894
- Hohenthal v. WatsonSupreme Court of Missouri · 1859
- Delevan v. BatesMichigan Supreme Court · 1848
3Cited by3 opinions
- Jackson v. MorganIndiana Supreme Court · 1906
- Gust v. Edwards Co.Oregon Supreme Court · 1929
- Kirkham v. HarrisAppellate Court of Illinois · 1936