Legal Opinion

Osborne v. Osborne

Michigan Supreme Court

Decided April 24, 1909No. Docket No. 31PublishedCited by 3 opinions

Error to Lenawee; Chester, J. Trespass quare clausum fregit, in justice’s court, by Margaret Gr. Osborne and another against William Osborne and another. There was judgment for plaintiffs, and defendants took a special appeal to the circuit court. There was judgment for plaintiffs, and defendants bring error.

1Opinion of the CourtMontgomery, J.

This action was commenced in justice’s court to recover damages for trespass to real estate. On appeal to the circuit, judgment passed in. favor of the plaintiffs, and the defendants bring error.

In the defendants’ brief, two reasons are urged for setting aside the judgment of the circuit court: First, because the justice allowed an amendment of process and pleadings which he had no power to allow, and thereby lost jurisdiction of the case; second, because judgment, was rendered in justice’s court against John W. Osgood and Fred Williams, and in the circuit court against John W. Osborne and…

2Cases cited1 opinion

  1. Courtis v. GarrisonMichigan Supreme Court · 1907

3Cited by3 opinions

  1. Stevens v. StevensMichigan Supreme Court · 1934
  2. Miller v. Sutro Bros. Co.Michigan Supreme Court · 1934
  3. Wolf v. CohenMichigan Supreme Court · 1931

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