Rice v. Benedict
Michigan Supreme Court
Error to Jackson Circuit. This was an action of debt brought by the defendants in error upon a judgment in their favor against the plaintiff in error and Abram V. Berry in the sum of $483 43. Bice pleaded the general issue and gave notice that the judgment had been paid and satisfied in full. The cause was referred to referees, who reported that there was nothing due on the judgment.
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Error to Jackson Circuit. This was an action of debt brought by the defendants in error upon a judgment in their favor against the plaintiff in error and Abram V. Berry in the sum of $483 43. Bice pleaded the general issue and gave notice that the judgment had been paid and satisfied in full. The cause was referred to referees, who reported that there was nothing due on the judgment. Upon exceptions to their report, and upon further proceedings, the Circuit Court found the sum of $737 77 to be due and rendered judgment for that sum. It appeared on the trial that the claim of Benedict &…
1Opinion of the Court
Graves J.
The defendants in error prosecuted Rice & Berry in the Court below upon a judgment of the County Court; Berry interposing no defense, but Rice pleading the general issue, accompanied by a notice that he would give evidence of payment.
In pursuance of a stipulation, made by the attorneys for the defendants in error, and the attorneys of Rice, the case was given to referees, who reported the facts found by them and their conclusions of law; but this finding of facts was subsequently supplemented in one particular by a finding made by the Court, under a stipulation also entered into by…
2Cited by5 opinions
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