Legal Opinion

Fitzhugh v. Rivard

Michigan Supreme Court

Decided April 21, 1896PublishedCited by 1 opinion

Error to Bay; Maxwell, J. Replevin by Charles Eitzhugh, Jr., and another, against Leander Rivard. From a judgment for plaintiffs on verdict directed by the court, defendant brings error.

1Opinion of the CourtMontgomery, J.

Defendant in this case relied upon a judgment rendered by a justice of the peace. The docket entry showed that the cause was adjourned for six days, without stating the place to which the same was adjourned. The case is ruled by Waldron v. Palmer, 104 Mich. 556. It is sought to distinguish this case from that, on the ground that in the present case the defendant in the case before the justice understood that the case was to be heard at the office of the justice. It is sufficient to say that, although the court assumed this to be the' fact, no proof was offered to show it. We do not mean to…

2Cases cited1 opinion

  1. Waldron v. PalmerMichigan Supreme Court · 1895

3Cited by1 opinion

  1. Mitts v. HarveyMichigan Supreme Court · 1900

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