Shadbolt v. Bronson
Michigan Supreme Court
Case reserved from Oakland Circuit Court. Shadbolt sued Bronson, before a justice, in an action of trespass, for- taking and carrying away a mare, the property of Shadbolt, and recovered judgment for the value of .the mare.
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Case reserved from Oakland Circuit Court. Shadbolt sued Bronson, before a justice, in an action of trespass, for- taking and carrying away a mare, the property of Shadbolt, and recovered judgment for the value of .the mare. Bronson appealed to the circuit court, and on the trial of the cause in that court, it appeared that on the 19th July, 1844, one Gibbs recovered judgment against one Carpenter, before Bronson, who was a justice of the peace, for $24-22 damages and $1-92 costs; that on the same day Shadbolt executed an instrument in writing, by which he agreed to become security for the…
1Opinion of the Court
By the court,
Miles, J.
The statute of 1841, regulating proceedings in justice’s courts, page 102, sec. 11, provides that “ no execution shall issue on any judgment rendered by a justice of the peace, if the judgment debtor shall, within five days after the rendition of the judgment, give security in writing, with one or more sufficient sureties; sat, isfactory to the judgment creditor or the justice, for the staying of the execution and for the payment of the debt or damages, with the interest thergon and costs, in three months, if the debt or damages shall fiot exceed twenty-five dollars,” &c.
2Cases cited5 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Gold v. BissellNew York Supreme Court · 1828
- Rogers v. MullinerNew York Supreme Court · 1831
- Hoose v. SherrillNew York Supreme Court · 1836
- Lewis v. PalmerNew York Supreme Court · 1831
3Cited by4 opinions
- Cofrode v. GartnerMichigan Supreme Court · 1890
- Foster v. WileyCircuit Court of the 48th Circuit of Michigan · 1871
- Gardner v. CouchMichigan Supreme Court · 1904
- Sleight v. SwansonMichigan Supreme Court · 1901