Monroe v. Heintzman
Michigan Supreme Court
Error to'Wayne. Debt on bond. Sarah M. Monroe was assignee of a replevin bond to Jane Sterling, upon which Standish & Freeman were sureties for Heintzman, the plaintiff in replevin.
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Error to'Wayne. Debt on bond. Sarah M. Monroe was assignee of a replevin bond to Jane Sterling, upon which Standish & Freeman were sureties for Heintzman, the plaintiff in replevin. The suit began before a justice, and was taken on certiorari to the circuit from which it was removed on writ of error to the Supreme Court, where the defendant prevailed, and the judgments below, both of which had been in favor of the plaintiff, were reversed, with costs of all the courts: Stirling v. Heintzman 42 Mich. 449. The assignee of the bond recites these facts in her declaration, and claims to be…
1Opinion of the CourtGraves, J.
This is a writ of error brought to reverse a judgment given for the defendant on demurrer to the declaration. The case is governed by McLean v. Isbell 44 Mich. 129.
The judgment is reversed and the demurrer overruled with costs. The cause must be remanded for further proceedings, and my brethren are of opinion that the court' below may in its discretion permit the defendant in error to plead over.
The other Justices concurred.
2Cases cited1 opinion
- McLean v. IsbellMichigan Supreme Court · 1880
3Cited by1 opinion
- Peterson v. HarringtonMichigan Supreme Court · 1917