Hogsett v. Ellis
Michigan Supreme Court
Error to Kalamazoo Circuit. This was an action of assumpsit, brought to recover the value -of the rent of certain property, and also the amount due upon several judgments. The declaration contained the common counts and several special counts. The facts are stated in the opinion. Judgment was rendered for the defendant. 1. There was no misjoinder of counts in the declaration. The counts were all properly laid in assumpsit. a.
Read the full summary
Error to Kalamazoo Circuit. This was an action of assumpsit, brought to recover the value -of the rent of certain property, and also the amount due upon several judgments. The declaration contained the common counts and several special counts. The facts are stated in the opinion. Judgment was rendered for the defendant. 1. There was no misjoinder of counts in the declaration. The counts were all properly laid in assumpsit. a. This form of action lies for use and occupation at common law.— 3 Mich. 566; 4 Day, 228; 4 Met. 227. 1. It lies upon judgment by our statute. — 2 Gomp. L. § 1552. c. It…
1Opinion of the Court
Christiancy J.
The plaintiff in error brought his action of assumpsit against the defendant in a Justice’s Court, where the plaintiff obtained a judgment, which was taken by appeal to the Circuit Court, where new or amended pleadings were filed; plaintiff declaring on the common counts ; a count for use and occupation of a house and lot; a count upon a special contract to pay rent; another on a special contract for the purchase, by the defendant, of a house and lot upon which a balance was claimed; and two coixnts upon separate judgments alleged to have been theretofore recovered by the…
2Cases cited13 opinions
- Dwight v. CutlerMichigan Supreme Court · 1855
- Evertsen v. SawyerNew York Supreme Court · 1829
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Jackson v. FrierNew York Supreme Court · 1819
- Ogden v. StockIllinois Supreme Court · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Willis v. MooreTexas Supreme Court · 1883
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Gault v. StormontMichigan Supreme Court · 1883
- People v. MarchMichigan Supreme Court · 2016
- Wagar v. StoneMichigan Supreme Court · 1877
49 more not listed; retrieve them via the Exa API.