Legal Opinion
Bradley-Watkins Co. v. Kalamazoo Circuit Judge
Michigan Supreme Court
Decided May 24, 1906No. Calendar No. 21,338PublishedCited by 1 opinion
Mandamus by the Bradley-Watkins Company and the Cedar River Land Company to compel John W. Adams, circuit judge of Kalamazoo county, to vacate an order denying a motion for a change of venue.
1Opinion of the CourtMcAlvay, J.
Relators have been sued in the circuit •court for Kalamazoo county by a resident plaintiff in an action of assumpsit brought under section 11207 of the •Compiled Laws of 1897, which provides:
“ In all cases where a party has a right of action for the taking of timber or other trespass on lands, or for any injury to lands, whether direct or consequential, it shall be lawful for the party having such right of action to waive the tort and bring assumpsit therefor.”
The declaration alleges that the action arises on account •of trespass to lands of plaintiff in Luce county, by defendants, in cutting…
2Cases cited2 opinions
- Nield v. BurtonMichigan Supreme Court · 1882
- Lockwood v. Thunder Bay River Boom Co.Michigan Supreme Court · 1880
3Cited by1 opinion
- Chandler Motor Sales Co. v. DertienMichigan Supreme Court · 1925