Legal Opinion

People ex rel. Stortz v. Circuit Judge

Michigan Supreme Court

Decided January 23, 1878PublishedCited by 3 opinions

Mandamus.

1Per curiam

Breach of promise is sued for in assumpsit like any other agreement; and no statute has denied jurisdiction over such suits to justices of the peace, whose jurisdiction is exclusive in assumpsit to $100.

It was decided in Strong v. Daniels, 3 Mich., 466, that where the judgment is for an amount within the jurisdiction of a justice, and not reduced by set-off from a larger sum, or otherwise specially provided for in the statutes concerning costs, the defendant and not the plaintiff is entitled to costs. There is a clerical error in the recital of the statute in that case as reported.

The circuit…

2Cases cited1 opinion

  1. Strong v. DanielsMichigan Supreme Court · 1855

3Cited by3 opinions

  1. Zimmerman v. MillerMichigan Supreme Court · 1919
  2. Nelson v. PeopleMichigan Supreme Court · 1878
  3. Reed v. OverlieMichigan Supreme Court · 1916

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