Wilkinson v. Williams
Michigan Supreme Court
Error to Wayne. (Full Court.) Proceedings to recover possession. Defendant brings ■error. A builder who keeps possession of a bouse after finishing it, is only a trespasser: ■Shaw v. Hoffman 25 Mich. 169; Ferrell v. Lamar 1 Wis. 8; the statutes permitting summary proceedings to recover possession of premises are confined to the particular cases specified in them, and cannot be enlarged: Taylor’s L. & T., (6th ed.) § 713, 720; Rawson v. Babcock 40 Mich. 331; Ra/ynor v.…
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Error to Wayne. (Full Court.) Proceedings to recover possession. Defendant brings ■error. A builder who keeps possession of a bouse after finishing it, is only a trespasser: ■Shaw v. Hoffman 25 Mich. 169; Ferrell v. Lamar 1 Wis. 8; the statutes permitting summary proceedings to recover possession of premises are confined to the particular cases specified in them, and cannot be enlarged: Taylor’s L. & T., (6th ed.) § 713, 720; Rawson v. Babcock 40 Mich. 331; Ra/ynor v. Haggard 18 Mich. 74; Foss v. Van Briele 47 Mip.b. 204; forcible entry and forcible detainer are distinct ■offences, and the…
1Opinion of the CourtCampbell, J.
Williams having been employed to build a house for Mrs. Wilkinson, and a disagreement having arisen ■concerning a small balance on its completion, he, instead of resorting to his statutory remedy for his lien, sued her at ■common law, but retained the keys and would not give up possession. Thereupon she commenced summary proceedings before a circuit court commissioner, filing a complaint in the form prescribed by section 6707 of the Compiled Laws, applicable to cases where a party holds over contrary to the agreement under which he entered. § 6706.
When the hearing came on before the…
2Cited by6 opinions
- Lewis v. SheldonMichigan Supreme Court · 1894
- Mann v. TylerMichigan Supreme Court · 1885
- Beach v. RiceMichigan Supreme Court · 1915
- Brown v. EckelMichigan Supreme Court · 1932
- Lantis v. Western Oil & Gas Distributing AgencyMichigan Supreme Court · 1922
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