Garfield v. Mansfield Steel Corp.

Plaintiffs sued defendant in the Detroit justice’s court, and upon trial of the case judgment of no cause of action was rendered. Defendant made no claim of set-off or recoupment. Plaintiffs took an appeal to the Wayne circuit, and two days after the appeal was perfected, and before appearance by defendant, filed' a discontinuance and gave notice thereof to defendant. No court order of discontinuance was asked for or granted. Five days after such discontinuance plaintiffs again sued defendant, on the identical claim, in the Detroit justice’s court and upon trial had judgment. In the justice’s…