Burson v. Huntington
Michigan Supreme Court
Error to Kalamazoo Circuit. This cause was brought into the Circuit Court for the County of Kalamazoo by appeal from the judgment of a Justice of the Peace, in an action in which Walter S. Huntington was plaintiff, and John W. Burson defendant.
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Error to Kalamazoo Circuit. This cause was brought into the Circuit Court for the County of Kalamazoo by appeal from the judgment of a Justice of the Peace, in an action in which Walter S. Huntington was plaintiff, and John W. Burson defendant. The Justice’s transcript states that the plaintiff declared verbally on the common counts in assumpsit and upon a promissory note, which was filed at the time of declaring, and of which the following is a copy, viz: “Schoolcraft, Mich., Apr. 12th, 1866. “ Ninety days from date, for value received, I promise to pay A. N. Goldwood, or order, one hundred…
1Opinion of the CourtChristiancy, J.
The defendant below haying appeared before the Justice and pleaded to the plaintiff’s declaration, and twice obtained adjournments of this cause, it was too late, on the trial of the appeal in the circuit, to make any objection for want of proper service of the summons. After joining issue upon the merits, it was immaterial whether there had, in fact, ever been a summons issued.
There was no error, therefore, in overruling the defendant’s objection to the introduction of evidence upon this ground.
The note declared upon was filed with the Justice at the time of declaring; and by the statute…
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