Legal Opinion

Swantek v. Jarmoszka

Michigan Supreme Court

Decided December 10, 1909No. Docket No. 99PublishedCited by 2 opinions

Error to Kent; McDonald, J. Assumpsit in justice’s court by Peter Swantek against Stephen Jarmoszka for work and labor. Plaintiff recovered judgment for an insufficient amount, and appealed to the circuit court. The defendant subsequently took out certiorari upon the justice’s judgment. An order granting a motion to dismiss the appeal is reviewed by plaintiff on writ of error.

1Opinion of the CourtMcAlvay, J.

Plaintiff on May 11, 1908, recovered a judgment' in justice’s court in the city of Grand Rapids against defendant in an action in assumpsit for $160 damages and costs of suit. This amount being much less than the amount claimed by plaintiff, he in due time took a general appeal to the circuit court for Kent county. The return to this appeal was taken May 16, and filed May 19,1908. Steps taken by him in making this appeal, and the return by the justice, appear to be regular in all respects. Afterwards defendant took steps to remove the case to the said circuit court by writ of certiorari. The…

2Cited by2 opinions

  1. Swantek v. JarmoszkiMichigan Supreme Court · 1910
  2. Swantek v. JarmozskiMichigan Supreme Court · 1913

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