Milroy v. Spurr Mountain Iron Mining Co.
Michigan Supreme Court
Error to the Superior Court of Detroit. Assumpsit. Plaintiff brings error. Judgment against joint debtors, only one of whom has been served with process, is no bar to a new suit against all, on the original demand, Bonesteel v. Todd 9 Mich. 371; Mason v. Eldred 6 Wall. 231; Oakley v. Aspinwall 4 Comst. 514; nor is a foreign action a bar to an action on the original demand, Freeman on Judgments, §§ 220, 605; a judgment on a note given by one of several persons jointly…
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Error to the Superior Court of Detroit. Assumpsit. Plaintiff brings error. Judgment against joint debtors, only one of whom has been served with process, is no bar to a new suit against all, on the original demand, Bonesteel v. Todd 9 Mich. 371; Mason v. Eldred 6 Wall. 231; Oakley v. Aspinwall 4 Comst. 514; nor is a foreign action a bar to an action on the original demand, Freeman on Judgments, §§ 220, 605; a judgment on a note given by one of several persons jointly indebted on book account is no bar to an action against all on the original demand, Fairchild v. Holly 10 Conn. 474; a judgment…
1Opinion of the CourtMarston, C. J.
This action was brought against the corporation and one of its stockholders under section 35 of Aet No. 113 of the Session Laws of 1877, p. 95.
It appeared upon the trial and was not disputed, that the plaintiff, and his son, a minor, performed labor for the corporation in 1877 and 1878; that they worked six months, commencing September 1st, 1877, and that plaintiff was to receive eighty dollars per month, and for his son’s labor thirty-five dollars per month. It was admitted that the value'' of the services of the 'plaintiff and his son for the six months ending March 1st, 1878, was six…
2Cases cited1 opinion
- Hanson v. DonkersleyMichigan Supreme Court · 1877
3Cited by16 opinions
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Lynch v. JacobsenUtah Supreme Court · 1919
- Kates v. ReadingMichigan Supreme Court · 1931
- A. Krolik & Co. v. OssowskiMichigan Supreme Court · 1920
- May v. BlackWisconsin Supreme Court · 1890
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