Legal Opinion

Allison v. Chandler

Michigan Supreme Court

Decided October 20, 1863PublishedCited by 191 opinions

Error to Wayne Circuit, where Aliison brought suit against Chandler for trespass in breaking into a store occupied by plaintiff in Detroit, and tearing .off the roof, and committing other injuries by which it was rendered untenantable. The case was once before in the Supreme Court, and a full statement of the pleadings will be found in 10 Mich. Rep. 460. The prior judgment having been reversed, the following proceedings took place on the new trial.

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Error to Wayne Circuit, where Aliison brought suit against Chandler for trespass in breaking into a store occupied by plaintiff in Detroit, and tearing .off the roof, and committing other injuries by which it was rendered untenantable. The case was once before in the Supreme Court, and a full statement of the pleadings will be found in 10 Mich. Rep. 460. The prior judgment having been reversed, the following proceedings took place on the new trial. The plaintiff being sworn as a witness, gave testimony-tending to show that in .August, 1860, the plaintiff was the tenant of the defendant, in…

1Opinion of the Court

Christiancy J.:

When this cause was formerly before us (Chandler v. Allison, 10 Mich. 460), one of the questions involved was, whether Allison, the plaintiff, was rightfully in possession of the store at the time the trespass was committed, or whether his right of possession was dependent upon Chandler’s election to rebuild, and ceased when that election was made: and one of the grounds upon which the judgment in that case was reversed, was, the rejection of evidence tending to show that Allison’s right of possession was thus qualified. But as the case now appears before us upon exceptions…

2Cases cited4 opinions

  1. Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
  2. Bagley v. . SmithNew York Court of Appeals · 1853
  3. Chandler v. AllisonMichigan Supreme Court · 1862
  4. Driggs v. DwightNew York Supreme Court · 1837

3Cited by191 opinions

  1. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  2. Troppi v. ScarfMichigan Court of Appeals · 1971
  3. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  4. City of Teree Haute v. HudnutIndiana Supreme Court · 1887
  5. Gilbert v. KennedyMichigan Supreme Court · 1871

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