Williams v. Brown
Michigan Supreme Court
Error to Bay; Shepard, J. Trover by Ira E. Williams against John R. Brown, sheriff of Clare county, for the conversion of certain goods seized on attachment. There was judgment for-defendant, and plaintiff brings error. Plaintiff’s two sons, trading as Williams Bros., owned and operated a mill, with a store in connection therewith. They did not own the land upon which the mill was situated. They also owned a half interest of the Harrison Cooperage Company, a copartnership.
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Error to Bay; Shepard, J. Trover by Ira E. Williams against John R. Brown, sheriff of Clare county, for the conversion of certain goods seized on attachment. There was judgment for-defendant, and plaintiff brings error. Plaintiff’s two sons, trading as Williams Bros., owned and operated a mill, with a store in connection therewith. They did not own the land upon which the mill was situated. They also owned a half interest of the Harrison Cooperage Company, a copartnership. The firm owned the mill and machinery, but not the land on which the mill was located. The sons were married men, with…
1Opinion of the CourtGrant, J.
(after stating the facts). Four questions are presented:(1) Was the notice of special defense sufficient to admit evidence of fraud ?(3) Was certain testimony in regard to tax statements made by Lafayette admissible ?(3) Was plaintiff entitled to recover the value of the exemptions of his sons ?(4) Was the burden of proof upon the plaintiff to show the bona tides of the sale ?
1. Plaintiff relies upon Cir. Ct. Rule No. 7 of the revised rules of practice (subdivision “ b ”), which reads as follows:
“An affirmative defense, such as payment, release, satisfaction, discharge, license, fraud, or…
2Cases cited7 opinions
- Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1887
- Wessels v. BeemanMichigan Supreme Court · 1891
- Harrington v. SmithSupreme Court of Colorado · 1890
- Stanton v. FrenchCalifornia Supreme Court · 1890
- Ribble v. LawrenceMichigan Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Leave v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940
- Herman Brothers Pet Supply, Inc. v. National Labor Relations BoardCourt of Appeals for the Sixth Circuit · 1966
- Thaden v. BaganSupreme Court of Minnesota · 1917
- McCausey v. HoekMichigan Supreme Court · 1910
- Heilwig v. NybeckMichigan Supreme Court · 1914
6 more not listed; retrieve them via the Exa API.