Beam v. Reynolds
Michigan Supreme Court
Error to Van Burén; Des Voignes, J. Assumpsit in justice’s court by Sidney Beam against .'Sylvanus G. Reynolds and another for goods sold and delivered. Plaintiff recovered judgment, and defendant Reynolds appealed to the circuit court by writ of certiorari. There was an order vacating the judgment of the justice’s court, and plaintiff brings error.
1Opinion of the Court
Hooker, J.‘
The plaintiff having recovered a judgment against both defendants in justice’s court, the cause was reversed at circuit, after the filing of an amended return. The plaintiff brought the case to this court by writ of error.
The summons was returnable on October 13th. Upon that day the cause was adjourned to October 14th and on this latter day it was again adjourned to October 16th on plaintiff’s motion, but without a showing upon oath. At this time both parties were in court, plaintiff declared, the other defendants confessed judgment, and defendant Reynolds, appearing by counsel,…
2Cases cited1 opinion
- Patterson v. McReaMichigan Supreme Court · 1874
3Cited by2 opinions
- People v. WashburnMichigan Supreme Court · 1938
- Troy v. RodgersMichigan Supreme Court · 1910