Legal Opinion

Schellenber v. Frank

Michigan Supreme Court

Decided February 27, 1905No. Docket No. 102PublishedCited by 2 opinions

Error to Wayne; Rohnert, J. Trespass quare clausum fregit by Harry L. Shellenberg and another against Max Frank. There was judgment for defendant on a verdict directed by the court, and plaintiffs bring error.

1Opinion of the CourtCarpenter, J.

Plaintiffs, owners of a house in the city of Detroit, leased the same to defendant. Defendant not yielding possession at the expiration of his tenancy, proceedings to obtain possession under chapter 308, 3 *184Comp. Laws, were instituted by plaintiffs. Plaintiffs obtained judgment of restitution before a circuit court commissioner. Defendant appealed from this judgment to the circuit court. The trial in that court also resulted in a judgment for plaintiffs. Suit was then brought against defendant and his sureties on the statutory bond which defendant had filed to obtain his appeal. In that suit…

2Cases cited1 opinion

  1. Hitchcock v. PrattMichigan Supreme Court · 1883

3Cited by2 opinions

  1. Brown v. BrownMichigan Supreme Court · 1917
  2. Hoffman v. Fidelity & Deposit Co.Michigan Supreme Court · 1915

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