Legal Opinion

Spear v. Carter

Michigan Supreme Court

Decided January 15, 1847PublishedCited by 11 opinions

■ Case reserved from Macomb Circuit Court. Jfcn. action was brought by plaintiff on a judgment rendered in his favor against defendants by one Sheldon, a justice of the peaces on 8tíj Septejnb®1» 1887, .of winch the following is a copy: Archibald Spear, vs. Harlehigh Carter and James H. Rose. Judgment by written confession of the above named defendants in favor of the above named plaintiff, for eighty-eight dollars and eighteen ■cents damages, and costs of suit.

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■ Case reserved from Macomb Circuit Court. Jfcn. action was brought by plaintiff on a judgment rendered in his favor against defendants by one Sheldon, a justice of the peaces on 8tíj Septejnb®1» 1887, .of winch the following is a copy: Archibald Spear, vs. Harlehigh Carter and James H. Rose. Judgment by written confession of the above named defendants in favor of the above named plaintiff, for eighty-eight dollars and eighteen ■cents damages, and costs of suit. On the trial the justice’s docket was proved, containing an entry of which the above js a copy, and .was then offered in evidence by…

1Opinion of the Court

By the court,

Wing, J.

The Justice Act of 1.833, in force in 1.837, authorized a jus? tice of the peace to enter judgment by confession for any sum not exceeding $150, provided that such confession be in writing, signed by the person maJcing the same, in presence of the justice or one Qr m>re competent vjitnesses, and every such justice is thereby authorized pg bold 3 WWÍ for (b? trial of ab gijcb actions, and hear, try, and de? *21termine the same: Provided always, that no justice of the peace shall have cognizance of any action where the title to laud shall hi any wise come hi question, or of…

2Cases cited3 opinions

  1. Borden v. FitchNew York Supreme Court · 1818
  2. Mills v. MartinNew York Supreme Court · 1821
  3. Striker v. MottNew York Supreme Court · 1831

3Cited by11 opinions

  1. Hoffman v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1934
  2. Kirkwood v. HoxieMichigan Supreme Court · 1893
  3. Allen v. CarpenterMichigan Supreme Court · 1866
  4. Miller v. SmithMichigan Supreme Court · 1897
  5. Lamberton v. PawloskiMichigan Supreme Court · 1929

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