Overall v. Pero
Michigan Supreme Court
Case reserved from the District Court of the Upper Peninsula for the county of Mackinac. Pero brought action of replevin before a justice of the peace, against Overall, for certain fish nets. Overall justix fied taking the nets by virtue of an execution issued on a judgment rendered by Mr. Geary, another justice, against Pero, in favor of one O’Mally. On the trial, the record of this judgment was offered in evidence by defendant.
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Case reserved from the District Court of the Upper Peninsula for the county of Mackinac. Pero brought action of replevin before a justice of the peace, against Overall, for certain fish nets. Overall justix fied taking the nets by virtue of an execution issued on a judgment rendered by Mr. Geary, another justice, against Pero, in favor of one O’Mally. On the trial, the record of this judgment was offered in evidence by defendant. It showed process issued, the appearance of the parties, issue in assumpsit, and the summoning of a jury to try the issue. The justice enters the subsequent…
1Opinion of the Court
Martin Ch. J.:
In the case of Gaines v. Betts, 2 Doug. Mich. 98, the question reserved in this case was directly raised and determined. That decision we regard as based upon sound principle, and as decisive of the question before us,
The case of the People v. Foote, 1 Doug. Mich. 102, does not involve, in any degree, the question determined in Gaines v. Betts. That was a' motion for a mandamus, to compel a justice to enter a verdict, and judgment thereon. The motion was granted, on the ground that it was the imperative duty of the justice to enter the verdict, and that after its rendition he…
2Cases cited1 opinion
- Howard v. PeopleMichigan Supreme Court · 1854
3Cited by14 opinions
- Corthell v. MeadSupreme Court of Colorado · 1894
- Miller v. SimonsSupreme Court of Minnesota · 1953
- First National Bank v. GarlandMichigan Supreme Court · 1896
- Wilson v. OtisSupreme Court of New Hampshire · 1902
- Swain v. GilderMississippi Supreme Court · 1884
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