Bauer v. Wasson
Michigan Supreme Court
Error to Wayne. (Jennison, J.) Assumpsit. Defendants bring error. The facts are stated in the opinion. The court permitted a copy of the declaration to be filed in the circuit, not as a new or amended pleading, but as a copy of the paper claimed to have been lost. This amounted to permitting the plaintiff to amend the justice’s return and was error. The evidence to prove the copy was insufficient.
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Error to Wayne. (Jennison, J.) Assumpsit. Defendants bring error. The facts are stated in the opinion. The court permitted a copy of the declaration to be filed in the circuit, not as a new or amended pleading, but as a copy of the paper claimed to have been lost. This amounted to permitting the plaintiff to amend the justice’s return and was error. The evidence to prove the copy was insufficient. The party who made it was not called, and the witness called could not swear positively that he compared .the copy with the original. The bond sued upon, not having been filed with the justice,…
1Opinion of the CourtChamplin, J.
Wasson was proceeded against before a circuit court commissioner for unlawfully withholding the possession of premises after the expiration of his lease, and was found guilty. He appealed to the circuit court, and with the *196other defendants as sureties, executed the bond upon which this suit was brought. This action was commenced before a justice of the peace, and the bond was not filed with the justice. The declaration was in writing. The plaintiff recovered before the justice, and the defendants appealed to the circuit. The justice failed to include the declaration filed among his papers,…
2Cases cited2 opinions
- Colbath v. JonesMichigan Supreme Court · 1873
- McMillen v. BeachMichigan Supreme Court · 1878
3Cited by2 opinions
- Bauer v. WassonMichigan Supreme Court · 1887
- Bly v. BradyMichigan Supreme Court · 1897