People ex rel. Forbes v. Judge of the Washtenaw Circuit Court
Michigan Supreme Court
Application for mandamus. One William Burnham brought repleviu against the relator, in the circuit court for the county of Washtenaw. The writ having been served and the property delivered to the plaintiff, the service was, on motion of the defendant, set aside after the return day named in the writ.
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Application for mandamus. One William Burnham brought repleviu against the relator, in the circuit court for the county of Washtenaw. The writ having been served and the property delivered to the plaintiff, the service was, on motion of the defendant, set aside after the return day named in the writ. The defendant then made in writing and filed in the cause, his election to waive a return of the property replevied and a claim for an assessment of the value thereof, and subsequently moved to have the cause stand for such assessment. The court denied the motion ou the ground that he had no…
1Per curiam
This motion is not to be distinguished in any essential feature from People v. Tripp, 15 Midi., 518.
When the service of the writ was set aside, the case was at an end, as the return day had passed, and there could be no further service. This amounts, in legal effect, to a discontinuance of the cause. The statute clearly provides in such a case that a party defendant, whose property is taken, may waive a return; and in such a case he is entitled to his assessment of damages. The property having been taken under the writ, the court, whoso process was used, must have power to redress the…
2Cited by4 opinions
- Cavanaugh v. SandersonMichigan Supreme Court · 1908
- People ex rel. La Barr v. OsbornMichigan Supreme Court · 1878
- Burdett v. DotyU.S. Circuit Court for the District of Eastern Michigan · 1889
- Manchure v. Wayside Oil Corp.Michigan Supreme Court · 1932