Legal Opinion

Gray v. Gibson

Michigan Supreme Court

Decided May 13, 1859PublishedCited by 6 opinions

Error to Wayne Circuit. Charles D. Gibson, William II. Mason, and Amasa Mason, brought replevin against Gray in the court below, for a quan-. tity of wheat. Gray pleaded the general issue, and gave no-, tice under that plea that the wheat was the property of one-Ells, and that he took the same as sheriff of the county of Wayne, by virtue of certain attachments issued to him against the property of Ells.

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Error to Wayne Circuit. Charles D. Gibson, William II. Mason, and Amasa Mason, brought replevin against Gray in the court below, for a quan-. tity of wheat. Gray pleaded the general issue, and gave no-, tice under that plea that the wheat was the property of one-Ells, and that he took the same as sheriff of the county of Wayne, by virtue of certain attachments issued to him against the property of Ells. On the trial before a jury, plaintiffs gave in evidence Title I., of Chapter IY., Part II. of the Revised Statutes of New York; and then called one Graves as a witness, who testified as…

1Opinion of the Court

Christiancy J.:

The view we have taken of the question presented by the third assignment of error, renders it unnecessary to. determine those raised by the first and second.

' We shall therefore notice the matters covered by the first and second assignments of error only so far as they may tend -to throw light upon the question raised by the third. We think it unnecessary to the decision of the cause to determine whether the copies of the certificates *308were duly proved as copies, or were admissible as such; because we think the original certificate, with the due preliminary proof of execution,…

2Cases cited4 opinions

  1. United States v. ReyburnSupreme Court of the United States · 1832
  2. Beeson v. HutchisonSupreme Court of Pennsylvania · 1835
  3. Watson v. DelafieldNew York Supreme Court · 1804
  4. Clark v. HoweSupreme Judicial Court of Maine · 1844

3Cited by6 opinions

  1. President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
  2. Thurston v. Detroit Asphalt & Paving Co.Michigan Supreme Court · 1924
  3. Baker v. BakerAppellate Court of Illinois · 1911
  4. Dutcher v. BuckMichigan Supreme Court · 1893
  5. Manhattan Co. v. LaimbeerNew York Supreme Court · 1886

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