Snook v. Davis
Michigan Supreme Court
Error to Macomb Circuit. The action was replevin, brought by Snook against Robert "W. Davis and Thomas Golby, for a quantity of merchandise. The defendants pleaded the general issue. On the trial, the taking of the goods by defendants was admitted.
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Error to Macomb Circuit. The action was replevin, brought by Snook against Robert "W. Davis and Thomas Golby, for a quantity of merchandise. The defendants pleaded the general issue. On the trial, the taking of the goods by defendants was admitted. To prove his right to the goods, plaintiff gave in 'evidence the following agreement: “ This Agreement, made the 8th day of April, in the year of our Lord one thousand eight hundred and fifty-three, between Benjamin Robertson, of the village of Mt. Clemens, Macomb county, Michigan, of the one part, and Thomas W. Snook, of said village aforesaid, of…
1Opinion of the Court
Christiancy J.:
The first error assigned raises the question, whether the justification by the defendants under the judgment and execution against Robertson, was admissible under the general issue without notice. For myself, I am strongly inclined to the opinion that it was not, and that notice of the defense should have been given. But my brethren all hold this defense admissible without notice; and as we all agree in the result upon another branch of the case, I yield to their opinion on this point, and abstain from discussing it. The result is, that there is no error in the ruling of the…
2Cited by7 opinions
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- Hale v. HolmesMichigan Supreme Court · 1860
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