Clark v. Gage
Michigan Supreme Court
Error to Branch Circuit. This case was brought into tbe Circuit Court for the County of Branch by appeal from tbe judgment of the Circuit Court Commissioner of that County, rendered in a proceeding to recover possession of lands, instituted under tbe provisions of chapter 150 of tbe Compiled Laws. Tbe complaint was in tbe words following: “ State of Michigan — Branch County, ss.
Read the full summary
Error to Branch Circuit. This case was brought into tbe Circuit Court for the County of Branch by appeal from tbe judgment of the Circuit Court Commissioner of that County, rendered in a proceeding to recover possession of lands, instituted under tbe provisions of chapter 150 of tbe Compiled Laws. Tbe complaint was in tbe words following: “ State of Michigan — Branch County, ss. Richard Gage being duly sworn makes complaint, and, on his oath, says that Joseph D. Clark is now in the possession of the following described lands and premises, to-wit: A farm in the town of Quincy, in said County,…
1Opinion of the Court
Graves J.
This was a proceeding instituted before a Circuit Court Commissioner, to recover the possession of land in the summary manner, authorized by chapter 133 of the revised statutes of 1846.
The complainant Gage recovered judgment before the Commissioner, when Clark carried the case by appeal to the Circuit Court where judgment was again given in favor of Gage.
The defendant Clark now brings error in this Court, and claims that the complaint upon which the trials below were had, did not contain a sufficiently certain description of the real estate, of which Gage sought to recover…
2Cases cited3 opinions
- Farrell v. TaylorMichigan Supreme Court · 1863
- Sallee v. IrelandMichigan Supreme Court · 1861
- Caswell v. WardMichigan Supreme Court · 1846
3Cited by3 opinions
- Crosby v. DowdCalifornia Supreme Court · 1882
- College Corner & Richmond Gravel Road Co. v. MossIndiana Supreme Court · 1883
- Gensler v. NicholasMichigan Supreme Court · 1908