Wiest v. Luyendyk
Michigan Supreme Court
Error to Kent. (Montgomery, J.) Case for slander. Defendant brings error. The facts are stated in the opinion. 1. A motion to dismiss was made before pleading, and denied, and upon the trial it appeared with certainty for the first time that the averment in the affidavit, that the plaintiff was cognizant and had full knowledge of the facts set forth, was false, and that it was really made upon information and belief, and was consequently defective, and the motion was renewed…
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Error to Kent. (Montgomery, J.) Case for slander. Defendant brings error. The facts are stated in the opinion. 1. A motion to dismiss was made before pleading, and denied, and upon the trial it appeared with certainty for the first time that the averment in the affidavit, that the plaintiff was cognizant and had full knowledge of the facts set forth, was false, and that it was really made upon information and belief, and was consequently defective, and the motion was renewed and again denied, which was error; citing Proctor v. Prout, 17 Mich. 473; Swart v. Kimball, 43 Id. 451. A The affidavit…
1Opinion of the CourtLong, J.
This is an action on the case for slander,, brought in the circuit court for the county of Kent. The suit was commenced by capias ad respondendum, and. *663tbe plaintiff bad judgment for $75. Defendant brings the case to this Court by writ of error.
The writ was issued on February 2, 1887, and on April 8, 1887, plaintiff filed and served his declaration. Defendant moved to quash the writ for the reason that the affidavit upon which the writ was issued was insufficient. On May 2, 1887, the motion came on to be heard, and was denied by the court. Defendant then pleaded to the declaration, and the…
2Cases cited2 opinions
- Taylor v. AdamsMichigan Supreme Court · 1885
- Hake v. BuellMichigan Supreme Court · 1883
3Cited by8 opinions
- California Fruit Exchange v. HenryDistrict Court, W.D. Pennsylvania · 1950
- Baxter v. WoodwardMichigan Supreme Court · 1916
- Graham v. Cass Circuit JudgeMichigan Supreme Court · 1896
- Provo City v. Provo Meat & Packing Co.Utah Supreme Court · 1917
- Reed v. McCreadyMichigan Supreme Court · 1912
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