Farwell v. Fox
Michigan Supreme Court
Error to Sanilac Circuit. This^ was an action of replevin for six oxen. The writ and the declaration described them as " six oxen.” The defendant demurred to the declaration, on the the ground that the description was insufficient. The Court overruled the demurrer, and gave judgment for the plaintiff. ' ' • • The description of the property replevied was insufficient in both the writ and declaration.
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Error to Sanilac Circuit. This^ was an action of replevin for six oxen. The writ and the declaration described them as " six oxen.” The defendant demurred to the declaration, on the the ground that the description was insufficient. The Court overruled the demurrer, and gave judgment for the plaintiff. ' ' • • The description of the property replevied was insufficient in both the writ and declaration. The description being “six oxen/’ without any other statement that would tend to distinguish the six taken from any other six oxen in the township or state. “The writ should, on its face, contain…
1Opinion of the Court
Cooley Ch. J.
Since the case of Stevens v. Osman, 1 Mich. 92, a very strict practice has prevailed in this state regarding the description of property in replevin suits; and we were at first not disposed to unsettle that practice by going back to that which prevailed before. A little reflection, however, has satisfied us that the rule, as generally understood, is needlessly stringent, and that no good purpose is subserved by requiring a more particular description than has been given in this case.
The case of Stevens v. Osman is authority only for holding that in replevin for grain or other…
2Cases cited1 opinion
- Stevens v. OsmanMichigan Supreme Court · 1848
3Cited by10 opinions
- Sexton v. McDowdMichigan Supreme Court · 1878
- Wey v. City Bank of HobartSupreme Court of Oklahoma · 1911
- McConnell v. WatkinsSupreme Court of Oklahoma · 1914
- Pingree v. SteereMichigan Supreme Court · 1888
- Dages v. BrakeMichigan Supreme Court · 1900
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