Howard v. Rockwell
Michigan Supreme Court
Error to Oakland Circuit Court. Debt on a judgment rendered before a justice of the peace. Rockwell was plaintiff and Howard defendant in the Court below.
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Error to Oakland Circuit Court. Debt on a judgment rendered before a justice of the peace. Rockwell was plaintiff and Howard defendant in the Court below. On the trial, Rockwell, having proved the judgment by the docket of the justice, Howard gave in evidence, from the same docket, an entry of the justice that the cause had been removed to the Supreme Court by writ of certiorari, which had been served upon him, and his fees paid for making the return, and also that the execution issued upon the judgment had thereupon been recalled. To rebut this evidence, Rockwell offered in evidence a…
1Opinion of the CourtFelch, J.
The entry in the justice’s docket in reference to the certiorari, could, at most, be only evidence of his proceedings in the cause entered on his docket, on the service of a writ of certiorari upon him. It would only show *317the service upon him of a paper purporting to be such writ, the making of his return upon it, on the payment of his fees therefor, and the recaí of the execution. As to the regulai-ity of the proceedings to obtain such certiorari, or any defect in the proceedings, going to the question of jurisdiction of the court, — these were matters of which the justice had no knowledge,…
2Cited by2 opinions
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