Legal Opinion
Maloney v. Webber
Michigan Supreme Court
Decided December 22, 1919No. Docket No. 55Published
Case-made from Kent; Brown (William B.), J. Case in justice’s court by Anna Maloney and another against Arthur Webber and another for trespass upon land. There was judgment for defendants, and plaintiffs appealed to the circuit court by writ of certiorari. Judgment for defendants. Plaintiffs appeal.
1Opinion of the CourtBird, C. J.
Defendants appeared in justice’s court in response to a civil warrant to answer a charge of trespass on certain real estate owned in fee by the plaintiffs. Defendants pleaded the general issue and gave notice thereunder, as follows:
“Please take notice that under the general issue the defendants will justify the acts complained of on the ground that they were employees of the Kent county *42road commission, which commission was authorized by plaintiff to use the premises in question, and that defendants were using it in pursuance of and by virtue of such authority.”
Upon the trial defendants…
2Cases cited1 opinion
- Ostrom v. PotterMichigan Supreme Court · 1888