Wight v. Warner
Michigan Supreme Court
ERROR to Wayne Circuit Court. This suit was originally brought by Wight, against Warner and another, before ajustice of the peace, who rendered judgment for the plaintiff, which was reversed by the Circuit Court on the removal of the cause to that Court by certiorari.
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ERROR to Wayne Circuit Court. This suit was originally brought by Wight, against Warner and another, before ajustice of the peace, who rendered judgment for the plaintiff, which was reversed by the Circuit Court on the removal of the cause to that Court by certiorari. As appeared by the return of the justice to the certiorari, the suit was commenced by attachment, issued on the 13th, and returnable on the 20th of August, 1841, by virtue of ■which a barn, the property of the defendant Warner, was seized, and the defendants were summoned to answer the plaintiff in a plea of debt. It did not…
1Opinion of the CourtGoodwin, J.
By the justice’s act of 1841, it was necessary that an affidavit should be filed, prior to the issuing an attachment, showing a case within its provisions, and also a *386bond, (S. L. 1841, p. 83, § 12, p. 85, § 18 ;) and such was the case under the provisions of the Revised Statutes.
All we find in the return in regard to the affidavit, is what is stated in the defendants’ motion making the objections that no jurat was signed, and that the contents of the affidavit were insufficient. It is insisted by the counsel for the defendants, that all the facts necessary to give the justice jurisdiction,…
2Cited by9 opinions
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- Maslen v. AndersonMichigan Supreme Court · 1910
- Dunnagan v. Shaffer, Swartz & Co.Supreme Court of Arkansas · 1886
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