Legal Opinion

Rice v. Ruddiman

Michigan Supreme Court

Decided April 30, 1862PublishedCited by 79 opinions

Error to Muskegon Circuit. Rice was prosecuted by Ruddiman, under chapter 150 of the Compiled Laws, for the forcible entry and detainer of a building, described as situated on the Muskegon Lake,, in Muskegon township, near the north shore of said lake, opposite fractional section sixteen, town ten north of range-ten east.

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Error to Muskegon Circuit. Rice was prosecuted by Ruddiman, under chapter 150 of the Compiled Laws, for the forcible entry and detainer of a building, described as situated on the Muskegon Lake,, in Muskegon township, near the north shore of said lake, opposite fractional section sixteen, town ten north of range-ten east. Ruddiman pleaded not guilty to the complaint, and judgment having been rendered against him on trial before the Commissioner, appealed to the Circuit Court, where the cause came on for trial October 10, 1860. After a jury was impanelled, but before it was sworn,, defendant’s…

1Opinion of the Court

Christiancy J.:

The first error assigned is, that the Court overruled the objection of the defendant below to the panel of jurors. This objection was made on the ground that, under the statutes and the Constitution of the State, there were no such officers as clerk" or sheriff, for the reason that the county had] not been legally and constitutionally organized at the time of the trial, and that there was no law authorizing the election of county officers.

The act of February 4th, 1859 (Sess. L. p. 94) purports to organize the county of Muskegon, describing by townships and ranges the territory…

2Cases cited2 opinions

  1. Lorman v. BensonMichigan Supreme Court · 1860
  2. Hooker v. CummingsNew York Supreme Court · 1822

3Cited by79 opinions

  1. Lamprey v. StateSupreme Court of Minnesota · 1893
  2. Price v. HopkinMichigan Supreme Court · 1865
  3. Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
  4. Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
  5. Gouverneur v. National Ice Co.New York Court of Appeals · 1892

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