Legal Opinion

Foster v. Alden

Michigan Supreme Court

Decided October 18, 1870PublishedCited by 7 opinions

Error to Calhoun Circuit. . This case comes into this Court to review the decision of the Circuit Court in rejecting evidence offered to prove that the record of a judgment entered upon the docket of a Justice of the Peace had been amended after judgment, and execution issued upon it, by altering the name of William T. Johnson to Warren T. Johnson; which last was the true name of the party, and the amendment was made by his consent; he and the plaintiff being present when…

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Error to Calhoun Circuit. . This case comes into this Court to review the decision of the Circuit Court in rejecting evidence offered to prove that the record of a judgment entered upon the docket of a Justice of the Peace had been amended after judgment, and execution issued upon it, by altering the name of William T. Johnson to Warren T. Johnson; which last was the true name of the party, and the amendment was made by his consent; he and the plaintiff being present when the amendment was made.

1Opinion of the CourtChristiancy, J.

This was an action of replevin in the Circuit Court for the County of Calhoun.

The defendant below (plaintiff in error) undertook, in pursuance of a notice filed with his plea, to justify the taking and detention of the property, under an execution issued by a Justice of the Peace on a judgment in an attachment suit, wherein one Parker was plaintiff and Warren T. Johnson was defendant.

The docket, containing a judgment purporting to be rendered in such suit against Warren T. Johnson, the defendant therein, was offered in evidence, but it showed *508upon its face that the name of the defendant had…

2Cited by7 opinions

  1. People v. ChapmanMichigan Supreme Court · 1886
  2. State ex rel. Johnson v. CaseMontana Supreme Court · 1894
  3. King v. BatesMichigan Supreme Court · 1890
  4. Akatsuka v. McKayHawaii Supreme Court · 1919
  5. Kluck v. MurphyMichigan Supreme Court · 1897

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