Dutcher v. Grand Rapids Fire-Insurance
Michigan Supreme Court
Error to Kent; Perkins, J. Assumpsit by George L. Duteher against the Grand Rapids Fire-Insurance Company on a policy of insurance. From a judgment for plaintiff, defendant brings error. The defendant issued a policy of insurance to one Riley. A loss occurred, and the amount thereof was duly ascertained and admitted. Subsequently one Heald commenced a suit against Riley in justice’s court, and garnished the defendant company.
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Error to Kent; Perkins, J. Assumpsit by George L. Duteher against the Grand Rapids Fire-Insurance Company on a policy of insurance. From a judgment for plaintiff, defendant brings error. The defendant issued a policy of insurance to one Riley. A loss occurred, and the amount thereof was duly ascertained and admitted. Subsequently one Heald commenced a suit against Riley in justice’s court, and garnished the defendant company. The defendant Riley could not be found, and plaintiff commenced attachment proceedings under the statute (1 Comp. Laws, § 717). There was no service of summons or writ…
1Opinion of the CourtGrant, J.
(after stating the facts). Defendant introduced the entries upon the docket of the justice of the peace, and rested. Plaintiff then offered in evidence the *673files in the case, including the affidavit upon which the writ of attachment was based. Defendant objected, insisting that the docket entries were conclusive, and could not be impeached by the introduction of the files. The affidavit was admitted. Defendant introduced evidence tending to show that the affidavit found in the files of the case was not the affidavit upon which the writ was issued. The court found against this contention. The…
2Cases cited2 opinions
- Goodrich v. BurdickMichigan Supreme Court · 1872
- Kegel v. SchrenkheisenMichigan Supreme Court · 1877
3Cited by2 opinions
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- Pierce v. BoyleMichigan Supreme Court · 1928