Stadler v. Moors
Michigan Supreme Court
Error to Wayne Circuit. Moors brought replevin before a justice of the peace, against Stadler, for a quantity of brick. The justice rendered judgment in her favor, and Stadler removed the case by certiorari to the Circuit Court, where the judgment of the justice was affirmed. Stadler then brought error.
Read the full summary
Error to Wayne Circuit. Moors brought replevin before a justice of the peace, against Stadler, for a quantity of brick. The justice rendered judgment in her favor, and Stadler removed the case by certiorari to the Circuit Court, where the judgment of the justice was affirmed. Stadler then brought error. The justice in his return to the certiorari states “that upon the return day of said writ of replevin, the said parties' appeared before me, and the plaintiff declared against the said defendant in replevin for the unlawful detention of 5588 bricks, and claimed damages against the said…
1Opinion of the Court
Cheistiancy J.:
As to the first error assigned, we do not think the absence of the justice for a few minutes more than the hour after the time to which the cause had been adjourned, for the cause stated in the return, could be allowed to operate as a discontinuance, though the defendant might have remained at the office till the expiration of the hour, and then left. But in such case, if the defendant had gone away ignorant of the cause of the justice’s absence, the justice should have notified him of his return at the earliest opportunity, and should have required proof that he had received…
2Cases cited4 opinions
- Kimball v. MackNew York Supreme Court · 1833
- Hunt v. Wickwire & FootNew York Supreme Court · 1833
- Proudfit v. Henman & HenmanNew York Supreme Court · 1811
- Kilmore v. SudamNew York Supreme Court · 1811
3Cited by6 opinions
- Russell v. PhelpsMichigan Supreme Court · 1880
- Stoll v. PadleyMichigan Supreme Court · 1893
- Hall v. ShankMichigan Supreme Court · 1885
- Scullen v. GeorgeMichigan Supreme Court · 1887
- Ruberts v. HathawayMichigan Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.