Rash v. Whitney
Michigan Supreme Court
This was an action of trespass brought by Rash against Whitney, to recover damages for taking and carrying away one hundred and five bushels of wheat.
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This was an action of trespass brought by Rash against Whitney, to recover damages for taking and carrying away one hundred and five bushels of wheat. The defendant plead the general issue, and gave notice that he should prove, in defence of the action, that he recovered a judgment against one Myron Rash, before E. Lawrence, a Justice of the Peace for Washtenaw County ; that execution was issued thereon, and levied upon the wheat in question, which was then the'property of Myron Rash ; that the wheat was afterwards sold under and by virtue of this execution; and that, upon such sale, Whitney…
1Opinion of the CourtDouglass, J.
1. It is first insisted that the Circuit erred in overruling the plaisfciff’s objection to the reading in evidence of the entries *499in the Justice’s docket, respecting the proceedings in the case of Whitney against Myron Rash, on the ground that the defendant had not proved all the preliminary facts as to the issuing, service, and return of the summons in that cause, as particularly as the same were set out in his notice of defence. But, as the objection did not point out specifically what particularly preliminary facts alleged were not proved, we think it was, for that reason, altogether too…
2Cases cited11 opinions
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- Columbia Turnpike Road v. HaywoodNew York Supreme Court · 1833
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3Cited by6 opinions
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- Philip v. HeratyMichigan Supreme Court · 1904
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