Wilson ex rel. Farrand v. Davis
Michigan Supreme Court
Case reserved from Wayne Circuit Court. This was an action of asssumpsit, brought by Rufus W'ilson for the use of Jacob S. Farrand against Solomon Davis, upon the following instrument: “ Rufus Wilson v. Charles Davis. State of Michigan, County of Wayne, ss.
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Case reserved from Wayne Circuit Court. This was an action of asssumpsit, brought by Rufus W'ilson for the use of Jacob S. Farrand against Solomon Davis, upon the following instrument: “ Rufus Wilson v. Charles Davis. State of Michigan, County of Wayne, ss. “ Whereas, judgment hath this day been rendered by John W. Strong, one of the justices of the peace in and for the county aforesaid, in favor of the plaintiff, against the defendant, for the sum of §50 damages, and 69 cents costs of suit, I do hereby acknowledge myself security for the stay of execution on said judgment, and agree to pay…
1Opinion of the Court
By the court,
Wing, J.
It is objected that the statute did not authorize an appeal in this case, because an affidavit was not made. It has been repeatedly decided in this court that an appeal did lie in a case like this, without an affidavit by the party appealing, as the case is embraced by the first section of the justices’ act of 1845 (Sess. L. 1845, p. 98); and the cases in which affidavits are required are specially specified, and this is not one of them. As this question has been put at rest by the amendatory act of 1846 (Sess. L. 1846, p. 285), it cannot now be a matter of any particular…
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