Forbes Lithograph Manufacturing Co. v. Winter
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by the Forbes Lithograph Manufacturing Company against James E. Winter and Warren 0. Baker upon an account for goods sold. Plaintiff had judgment in justice’s court, and defendants removed the proceedings to the circuit by certiorari, where the justice’s judgment was reversed. Plaintiff brings error.
1Opinion of the CourtMontgomery, J.
The proceeding in the circuit court was by a certiorari to a justice-of the peace. The errors assigned in the affidavit for certiorari were: First, that the docket of the justice shows that the plaintiff did not appear within one hour after the hour of return named in the summons; second, because the affidavit of account introduced in evidence was not sufficient in form, and was not served in a manner entitling it to be read in evidence.
An answer to the first point is that the docket entry is not returned, and the fact averred in the affidavit for certiorari is not made to appear.
As to the…
2Cases cited10 opinions
- Howell v. ShepardMichigan Supreme Court · 1882
- Galloway v. CorbittMichigan Supreme Court · 1884
- Morrison v. EmsleyMichigan Supreme Court · 1884
- Carolan v. CarolanSupreme Court of Arkansas · 1886
- Erie Preserving Co. v. WitherspoonMichigan Supreme Court · 1882
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3Cited by5 opinions
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- Mero v. ButtonMichigan Supreme Court · 1898