Smith v. Kistler
Michigan Supreme Court
Error to Saginaw; Gage, J. Replevin by Levi O. Smith and another, copartners as L. O. Smith & Company, against Henry Kistler, for a quantity of coal taken under an execution by defendant acting as constable. Judgment for defendant. Plaintiffs bring error.
1Opinion of the CourtKuhn, J.
The plaintiffs are copartners in the coal busi-' ness, doing business under the firm name of L. C. Smith & Co. They owned a certain quantity of coal, some of which was levied upon by the defendant, a constable, under and by virtue of a certain execution issued out of the justice’s court for the city of Saginaw. Replevin was brought by plaintiffs, and on the trial the execution was offered in evidence by the defendant and admitted, over objections that it was incompetent, irrelevant, and immaterial, for *368the reason that the judgment upon which the execution was issued is invalid and void.…
2Cases cited6 opinions
- Grand Rapids Chair Co. v. RunnelsMichigan Supreme Court · 1889
- Merrick v. MayhueMichigan Supreme Court · 1879
- Haviland v. ParkerMichigan Supreme Court · 1862
- Hatch v. ChristmasMichigan Supreme Court · 1888
- Mitts v. HarveyMichigan Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gregor v. OldeMichigan Supreme Court · 1920