Legal Opinion

Weber v. Henry

Michigan Supreme Court

Decided April 14, 1868PublishedCited by 5 opinions

Case made from Wayne Circuit. This was an action of replevin brought by plaintiff against defendant for the unlawful detention of certain goods and chattels mentioned in the writ, and to recover damages therefor.

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Case made from Wayne Circuit. This was an action of replevin brought by plaintiff against defendant for the unlawful detention of certain goods and chattels mentioned in the writ, and to recover damages therefor. The plea was the general issue, with a notice thereto ánnexed, that defendant would give in evidence on the trial of the cause, that the goods and chattels described in the plaintiff’s declaration were taken and seized by defendant, acting as Marshal of'the United States for the Eastern District of Michigan, in a cause pending in said court, wherein John B. Goodsell is plaintiff, and…

1Opinion of the Court

Campbell J.

To a declaration in replevin defendant pleaded the general issue in bar, and gave notice under it that he • had levied upon the property as United States Marshal, under an attachment from the United States Circuit Court in favor of John B. Goodsell against Emil Dahlheimer and Adolph Bieber, and held the property under that writ at the commencement of this suit. The jury find specially that he did so levy on it, but that it belonged to plaintiff. The Circuit Court found thereupon in favor of defendant, who waived a return, and judgment was thereupon rendered in his favor for the…

2Cases cited1 opinion

  1. Buck v. ColbathSupreme Court of the United States · 1866

3Cited by5 opinions

  1. Bertram v. CookMichigan Supreme Court · 1880
  2. Hinchman v. DoakMichigan Supreme Court · 1882
  3. SPECTRUM MANUFACTURING CORP. v. Bank of LansingMichigan Court of Appeals · 1982
  4. Harris v. O'GormanMichigan Supreme Court · 1898
  5. SPECTRUM MANUFACTURING CORP. v. Bank of LansingMichigan Court of Appeals · 1982

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