Shaw v. Fortine
Michigan Supreme Court
Error to Newaygo. (Palmer, J.) Assumpsit. Plaintiff brings error. Judgment reversed, and one entered in this Court for plaintiff. The facts are stated in the opinion.
1Opinion of the CourtMcGrath, J.
Plaintiff recovered judgment in justice’s court againt Charles and Mary Fortine, husband and wife, upon a promissory note made by both. Defendants removed said judgment into the circuit court by certiorari, where the judgment was set aside, and plaintiff appeals.
The affidavit for the writ alleges the following grounds of error;
1. That the justice adjourned the cause for more than six days, and thereby lost jurisdiction.
*2562. That the justice erred in giving judgment against the wife, who joined in the execution as surety merely.
• 3. That “ C. F. Shaw" was not a legal person, in contemplation of…
2Cases cited1 opinion
- Patterson v. McReaMichigan Supreme Court · 1874
3Cited by1 opinion
- June v. LabadieMichigan Supreme Court · 1904