Pew v. Yoare
Michigan Supreme Court
Error to Berrien Circuit Court, into which the suit was brought by certiorari, directed to J. W. Brewer, a justice of tbe pe.ace. ' The writ of certiorari was allowed upon the affidavit of Theodore Pew, one of the defendants in the justice’s court, alleging as grounds of error,— First, that the said justice erred in overruling the demurrer of said defendants, to plaintiff’s replication, for the following reasons: 1st. Such replication was no wise in answer to, or put in…
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Error to Berrien Circuit Court, into which the suit was brought by certiorari, directed to J. W. Brewer, a justice of tbe pe.ace. ' The writ of certiorari was allowed upon the affidavit of Theodore Pew, one of the defendants in the justice’s court, alleging as grounds of error,— First, that the said justice erred in overruling the demurrer of said defendants, to plaintiff’s replication, for the following reasons: 1st. Such replication was no wise in answer to, or put in issue, anything alleged or set forth in the said plea in abatement: 2d, The facts in said replication, as therein averred,…
1Opinion of the Court
Manning J.:
The first suit was commenced by summons, the last by suing out an attachment. The plea of the first suit in abatement of the last was therefore bad, in not averring, as it should have done, the pendency of the first suit at the time of putting in of the plea. Wales v. Tones, 1 Mich. 254, we think conclusive on this point.
There is nothing in the statute regulating proceedings in attachment suits, limiting the plaintiff’s recovery to the amount stated and sworn to be due in the affidavit on which the attachment is issued. If a greater amount is shown to be due, we know no reason why…
2Cases cited1 opinion
- Wales v. JonesMichigan Supreme Court · 1849
3Cited by3 opinions
- California Savings & Loan Society v. HarrisCalifornia Supreme Court · 1896
- Bird v. JacobusSupreme Court of Iowa · 1901
- Wyngarden v. LahuisMichigan Supreme Court · 1930