Legal Opinion

Young v. Phillips

Michigan Supreme Court

Decided July 18, 1918No. Docket No. 13PublishedCited by 22 opinions

Error to Wayne; Davis, J., presiding. Replevin in justice’s court by Mathew A. Young against Andrew T. Phillips and another for the possession of an automobile. There was judgment for defendants, and plaintiff appealed to the circuit court. Judgment for defendants. Plaintiff brings error.

1Opinion of the CourtKuhn, J.

In this suit it is sought by replevin to recover possession of an automobile upon which the defendant Phillips, as constable, levied an execution on a judgment in favor of the defendant the Detroit Free Press, and against one Charles E. Smith. The judgment was for $222.98 and $1.75 costs. The plaintiff, on the same day that the constable took possession of the automobile under the execution, made a demand on him for possession, which was refused. The plain-* tiff thereupon commenced this suit before a justice of the peace, and appealed from his judgment to the circuit court, where a judgment…

2Cases cited2 opinions

  1. Atkinson v. JapinkMichigan Supreme Court · 1915
  2. Luce v. Stott Realty Co.Michigan Supreme Court · 1918

3Cited by22 opinions

  1. Burroughs Adding MacHine Co. v. WieselbergMichigan Supreme Court · 1925
  2. Voges Motor Co. v. WardSupreme Court of Florida · 1929
  3. Young v. PhillipsMichigan Supreme Court · 1918
  4. Powers v. FisherMichigan Supreme Court · 1937
  5. West American Finance Co. v. FinstadWashington Supreme Court · 1928

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