Greene v. Hertzig
Michigan Supreme Court
Case-made from Kent; Brown (William B.), J. Assumpsit by Daniel J. Greene, assignee of Peter Viergever, sheriff of Kent county, against Theresa Hertzig and another on a statutory bond. Judgment for plaintiff. Defendants appeal.
1Opinion of the CourtBird, J.
Plaintiff commenced a suit in the Kent circuit court against one Powell by capias ad respondendum. When arrested Powell gave an appearance bond to the sheriff, with defendants as sureties. No special bail was ever perfected, but defendant entered his appearance by attorney and filed his plea. He made no defense and judgment was taken against him for the amount of plaintiff’s claim. A fieri facias was then issued against the goods and chattels of Powell, but it was returned unsatisfied. A capias ad satisfaciendum was then taken out. By this time Powell had fled and the writ was returned “not…
2Cases cited2 opinions
- De Myer v. McGonegalMichigan Supreme Court · 1875
- Wilcox v. IsmonMichigan Supreme Court · 1876