Norvell v. McHenry
Michigan Supreme Court
Error to Wayne Circuit Court. McHenry brought an action of debt against Norvell, in the circuit court, on a judgment recovered by frim against Norvell, in that court, on the 18th November, 1844, for $851 43. Plea, nul tiel record.
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Error to Wayne Circuit Court. McHenry brought an action of debt against Norvell, in the circuit court, on a judgment recovered by frim against Norvell, in that court, on the 18th November, 1844, for $851 43. Plea, nul tiel record. On the trial McHenry, after showing the files in the former case had been mislaid or were lost, to prove the judgment, offered in evidence the journal entry of the judgment, the calendar entries in the cause,’ and a taxed bill of costs, which were objected to by defendant, but'admitted by the court. Defendant also insisted the circuit court had not jurisdiction of…
1Opinion of the Court
By the Court,
Miles, J.
The first error assigned is, that the plaintiff below was permitted to give in evidence upon the trial, the journal entry of the circuit court for the county of Wayne, of a judgment obtained in his favor by default, for want of a plea, and upon assessment of his damages by tbe clerk, for the'damages so assessed “ and costs of suit;” and also an original bill of costs taxed in the cause, and the calendar entries of the proceedings therein. To the whole of this evidence the defendant below objected, but the objection was overruled. The proposition asserted by the plaintiff…
2Cases cited2 opinions
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Stiles ex dem. Miller & McDonald v. MurphyOhio Supreme Court · 1829
3Cited by10 opinions
- People v. LauderMichigan Supreme Court · 1890
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
- Belden v. BlackmanMichigan Supreme Court · 1898
- Miller v. Matthews & KirklandCourt of Appeals of Maryland · 1898
- Henry v. GatesMichigan Supreme Court · 1898
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