Hodges v. Bagg

Plaintiffs sued defendant in an action of assumpsit before Overton L. Kinney, one of the justices, of the peace in and for the city of Detroit, by summons returnable August 16, 1889. On the return-day the justice rendered a judgment in favor of the plaintiffs for $85.20 damages and $1.50 costs. The defendant took a special appeal to the circuit court, alleging the following errors in the judgment of the justice:

1. That the justice, upon a failure of the plaintiffs to appear when said case was called, rendered a judgment of nonsuit against the plaintiffs.

2. That the said justice erred in…