Falkner v. Beers
Michigan Supreme Court
Certiorari to two justices of-the peace. This was a proceeding under the statute of forcible entry and detain-er, (R. S. 1888, p. 490, ch. 5,†) and the act amendatory thereto, (S. L. 1840, p. 83,) instituted by Beers, to recover possession of certain premises leased by him to Falkner, and which the latter held Over, after the expiration of the term for which they were demised.
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Certiorari to two justices of-the peace. This was a proceeding under the statute of forcible entry and detain-er, (R. S. 1888, p. 490, ch. 5,†) and the act amendatory thereto, (S. L. 1840, p. 83,) instituted by Beers, to recover possession of certain premises leased by him to Falkner, and which the latter held Over, after the expiration of the term for which they were demised. On complaint filed, a summons was issued and duly served on Falkner, and also a venire, by virtue of which a jury was summoned in the cause. Falkner appeared on the return day, and plead the general issue, accompanied…
1Opinion of the CourtRansom, C. J.
A reversal of the judgment below is claimed by the plaintiff in error, on the ground,—
*1191. That the justices improperly overruled his motion to quash the summons and venire. We have no doubt, however, that the motion was properly denied. The defendant appeared, plead the general issue, and gave notice of his intention to prove special matter going to the whole merits of the controversy, before he interposed his motion to quash, tie thereby waived all irregularities in the issuing of the process. When there has been any irregularity, if the party overlook it, and take subsequent steps in the…
2Cited by8 opinions
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- Detroit, Bay City & Western Railroad v. First National BankMichigan Supreme Court · 1917
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