Schulte v. Kelly
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by Anthony P. Schulte and another against Ronald Kelly for money paid to defendant’s use. From a judgment for plaintiffs, defendant brings error.
1Opinion of the CourtHooker, J.
Schulte sued Kelly in justice’s court, summons being personally served. Declaration and plea were filed, and the cause was adjourned. Upon the day to which it was adjourned, the plaintiff did not appear, and the cause was dismissed. Plaintiff appealed to the circuit court, and, upon trial before the court, obtained judgment. The cause is before us on writ of error.
Counsel for defendant objected to the admission of any. testimony, on the ground that the court had no jurisdiction, for the reason that the statute does not authorize an appeal where a case is dismissed by a justice for want of…
2Cases cited13 opinions
- Chouteau v. RowseSupreme Court of Missouri · 1886
- Boggess v. CoxSupreme Court of Missouri · 1871
- Shaw v. PershingSupreme Court of Missouri · 1874
- Boyd v. KienzleCourt of Appeals of Maryland · 1877
- Merchants' Bank v. SchulenbergMichigan Supreme Court · 1884
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3Cited by6 opinions
- Curran v. BartowMichigan Supreme Court · 1910
- Scott v. BrownMichigan Supreme Court · 1913
- Burris v. BooneSuperior Court of Delaware · 1913
- Johnson v. Johnston-Coutant Co.District Court, D. Alaska · 1912
- Walmsley v. BowmanMichigan Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.