Elliott v. Whitmore
Michigan Supreme Court
Error to Ingham Circuit. The” action was replevin, originally brought by Whitmore ‘against Elliott, before a justice of the peace, for a quantity of household furniture and clothing. The declaration was in the usual form for the unlawful detention of the property. The defense was that the property was taken under execution on a judgment in favor of Elliott against Whitmore.
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Error to Ingham Circuit. The” action was replevin, originally brought by Whitmore ‘against Elliott, before a justice of the peace, for a quantity of household furniture and clothing. The declaration was in the usual form for the unlawful detention of the property. The defense was that the property was taken under execution on a judgment in favor of Elliott against Whitmore. On the trial before the justice, defendant in error having proved the property to be his, and that it was taken by ■direction of plaintiff in error, offered further to show that the goods were household furniture, and the…
1Opinion of the Court
Martin Ch. J.:
The objections of the plaintiff in error to the questions put to the witness Buck, were properly overruled by the justice. The object of the inquiries was to show that the property in question was exempt by law from seizure and sale upon execution, and the objections were not to the form, but to the purport, of the questions. Under the pleadings in this case we think this inquiry might be properly gone into.. It is not necessary in the declaration in replevin to describe specifically the character of the property, as that it is exempt from sale upon execution, any more than it,,…
2Cases cited3 opinions
- Herring v. HockMichigan Supreme Court · 1850
- Dibble v. RogersMichigan Supreme Court · 1852
- Miller v. ChaffeeMichigan Supreme Court · 1849
3Cited by10 opinions
- Bloomingdale v. ChittendenMichigan Supreme Court · 1889
- Berry v. LoweMichigan Supreme Court · 1862
- Wyckoff v. WyllisMichigan Supreme Court · 1860
- Town v. ElmoreMichigan Supreme Court · 1878
- Woodworth v. MaddoxSupreme Court of Kansas · 1924
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