Bush v. Dunham
Michigan Supreme Court
Error to Oakland Oircurt. This was a complaint under the forcible entry and detainer law, brought before the Circuit Court Commissioner for Oakland County. The trial before the Commissioner resulted in a judgment for the plaintiff. The defendant appealed to the Circuit Court, and there moved that the complaint be dismissed on account of defects in the complaint. The complaint was dismissed with costs, and the plaintiff sued out this writ of error.
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Error to Oakland Oircurt. This was a complaint under the forcible entry and detainer law, brought before the Circuit Court Commissioner for Oakland County. The trial before the Commissioner resulted in a judgment for the plaintiff. The defendant appealed to the Circuit Court, and there moved that the complaint be dismissed on account of defects in the complaint. The complaint was dismissed with costs, and the plaintiff sued out this writ of error. The question presented upon the writ of error was, whether the complaint which was made by the plaintiff as the commencement of proceedings to…
1Opinion of the Court
By the Court,
Green, J.
In order clearly to understand what it is necessary to allege in a complaint of this kind, it will be necessary to examine the statute above referred to {Revised Statutes, p. 542), in order to determine what facts must exist to enable a complainant to recover his possession. Prior to the revision of 1846, the laws in relation to forcible entries and detainers, and the recovery of the possession of land in certain other eases, were in a very confused state, and the important jurisdiction of these classes of cases was in the hands of Justices of the Peace. By the Revised…
2Cases cited1 opinion
- Caswell v. WardMichigan Supreme Court · 1846
3Cited by5 opinions
- Gage v. SanbornMichigan Supreme Court · 1895
- Allen v. CarpenterMichigan Supreme Court · 1866
- Bryan v. SmithMichigan Supreme Court · 1862
- Chylowski v. SteinbergMichigan Supreme Court · 1916
- Barnes v. CoxUtah Supreme Court · 1895