Bacon v. Kimmel
Michigan Supreme Court
Error to Berrien Circuit. Defendant in error brought trespass de ionis asportutis, in the court below, against plaintiff in error. The declaration contained but one count, and described the property as one locomotive steam engine, twenty lumber cars, blacksmith’s tools, &c.
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Error to Berrien Circuit. Defendant in error brought trespass de ionis asportutis, in the court below, against plaintiff in error. The declaration contained but one count, and described the property as one locomotive steam engine, twenty lumber cars, blacksmith’s tools, &c. The testimony tended to show the following facts: That a firm, consisting of plaintiff in error, George Bridgman, Charles F. Howe, and Joseph W. Howe, bought certain land in Berrien county, and having constructed thereon a steam saw-mill, a pier and wooden railway, to be used in their lumber business, they bought the said…
1Opinion of the Court
Christiancy J.
The plaintiff below (defendant in error,) failed to establish any right of recovery in this action of trespass against the defendants. He based his claims upon two grounds, not very consistent with each other: First, The levy and sale under the attachment in a suit brought by himself against the two Howes and Bridgman, which could give him no right of property or possession, if the defendant in the attachment had none: Second, Upon the judgment obtained by Wheeler against himself in the United States Court for the trespass, in taking the same property, and his satisfaction of…
2Cases cited5 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Tannahill v. TuttleMichigan Supreme Court · 1854
- Case v. De GoesNew York Supreme Court · 1805
- Eggleston v. MundyMichigan Supreme Court · 1856
- Jackson ex dem. Atwood v. DouglassNew York Supreme Court · 1826
3Cited by8 opinions
- Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879
- Skud v. TillinghastCourt of Appeals for the Sixth Circuit · 1912
- Powers v. BensonSupreme Court of Iowa · 1903
- Cary v. HewittMichigan Supreme Court · 1872
- Richardson v. Midwest Refining Co.Wyoming Supreme Court · 1928
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