Clark v. Holmes
Michigan Supreme Court
Case certified from Livingston Circuit Court. This cause was tried at the November term, 1841, of the Circuit Court, before the Hon. C.W. Whipple, Presiding Judge. The action was trespass de bonis asporlatis. Plea, general issue.
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Case certified from Livingston Circuit Court. This cause was tried at the November term, 1841, of the Circuit Court, before the Hon. C.W. Whipple, Presiding Judge. The action was trespass de bonis asporlatis. Plea, general issue. It appeared on the trial that the plaintiff and one Daniel Lane were duly served with a summons, at the suit of one Sandford Murray, to appear before the defendant, who was a justice of the peace, at his residence, on the 9th of November, 1839. They appeared according to the mandate of the summons, and Lane remained at the house of the defendant for over two hours.…
1Opinion of the CourtGoodwiN, J.
On the part of the plaintiff, it is insisted that the defendant, the justice, acted without jurisdiction ; that the judgment was void, and the defendant a trespasser. On the part of the defendant, it is contended that he had jurisdiction, and if he erred in rendering the judgment, it did not render the proceedings void, but was an error in judgment, for which the remedy was by a reversal of the judgment in a superior court; and further, that facts aliunde the docket, were not admissible to show a want of jurisdiction.
First: Upon all the facts as presented, is the plaintiff entitled to recover?
2Cited by11 opinions
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