Johnson v. Mead
Michigan Supreme Court
Error to Wayne. (Jennison, J.) Assumpsit. Defendants bring error. In issuing successive writs — capias, alias, pluries and testatum capias,— they must correspond with each other in the names of the parties and the cause of action, or they may be set aside as irregular ; the plaintiff indeed may issue one capias after another, without any alias, pluries or testatum clause; but where the regular succession is observed, each subsequent writ should bear teste on the return day…
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Error to Wayne. (Jennison, J.) Assumpsit. Defendants bring error. In issuing successive writs — capias, alias, pluries and testatum capias,— they must correspond with each other in the names of the parties and the cause of action, or they may be set aside as irregular ; the plaintiff indeed may issue one capias after another, without any alias, pluries or testatum clause; but where the regular succession is observed, each subsequent writ should bear teste on the return day of the preceding one : 1 Burrell’s Pr. 102, citing Tidd’s Pr. 714; 1 Arch. Pr. 74, 332; 1 Dunlap’s Pr. 119 ; under the…
1Opinion of the Court
Sherwood, J.1
The plaintiffs brought assumpsit against the defendants, who were copartners doing business under the firm name of E. H. Mead & Co., upon two promissory notes and four acceptances made by the defendants in their copartnership name. All of the notes and acceptances were past due on the 5th day of February, 1877, the amount of which aggregated $6488.88, besides interest. Defendants pleaded the general issue, and Mead gave notice thereunder that action upon all the claims was barred by the statute of limitations. The cause was tried before a jury, and plaintiff had judgment for…
2Cases cited3 opinions
- Livingston v. OstranderNew York Supreme Court · 1832
- Davis & Center v. WestNew York Supreme Court · 1830
- Ontario Bank v. RathbunNew York Supreme Court · 1838
3Cited by6 opinions
- Peck v. German Fire InsuranceMichigan Supreme Court · 1894
- Home Savings Bank v. YoungMichigan Supreme Court · 1940
- Colling v. McGregorMichigan Supreme Court · 1906
- Daly v. City of ChicagoIllinois Supreme Court · 1920
- Home Savings Bank v. FullerMichigan Supreme Court · 1941
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