Root v. Mayor
Michigan Supreme Court
Error to Washtenaw Circuit. This action was commenced in the Circuit Court for Washtenaw County. The plaintiff declared upon a judgment rendered by a Justice of the Peace, on the 15th of September, 1851, for ninety-two dollars damages, and two dollars and fifty-two cents costs. The defendants demurred to the declaration.
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Error to Washtenaw Circuit. This action was commenced in the Circuit Court for Washtenaw County. The plaintiff declared upon a judgment rendered by a Justice of the Peace, on the 15th of September, 1851, for ninety-two dollars damages, and two dollars and fifty-two cents costs. The defendants demurred to the declaration. One cause of demurrer, and the only one of those assigned, which was argued before this Court, presented the question, whether the Justice had jurisdiction of an action against a municipal corporation. The Circuit Judge sustained the demurrer, and the plaintiff removed the…
1Opinion of the Court
By the Court,
Wing, J.
The defendants were incorporated by an act of the Legislature, bearing date the 4th of April, A. I). 1851, (S. L. 1851, p. 121.) The second section of this act prescribes the manner in which the corporation may sue and be sued.
The 11th section of article 15 of the Constitution of 1850, provides that “ all corporations shall have the right to sue and be subject to be sued in all Courts in, like manner as natural persons.” Article 6, section 18, of the same instrument, provides that in all civil cases, Justices of the Peace shall have exclusive jurisdiction to the amount of…
2Cited by6 opinions
- Frey v. Department of Management & BudgetMichigan Supreme Court · 1987
- City of Detroit v. ChapinMichigan Supreme Court · 1895
- People v. De MeauxMichigan Supreme Court · 1916
- Sunderlin v. Board of Supervisors of Ionia Co.Michigan Supreme Court · 1899
- Frey v. Department of Management & BudgetMichigan Supreme Court · 1987
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