Perkins v. Spaulding
Michigan Supreme Court
Error to Lenawee Circuit Court. This was an action of trover, brought by the defendant in error against the plaintiff in error, in the Lenawee County Court, to recover the value of a quantity of wheat. The cause was tried in that Court without a jury, and a judgment rendered in favor of the defendant therein, for his costs of suit.
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Error to Lenawee Circuit Court. This was an action of trover, brought by the defendant in error against the plaintiff in error, in the Lenawee County Court, to recover the value of a quantity of wheat. The cause was tried in that Court without a jury, and a judgment rendered in favor of the defendant therein, for his costs of suit. The plaintiff below conceiving himself aggrieved, by the judgment of the County Court, removed the cause by certiorari into the Circuit Court for the county of Lenawee, where the judgment of the County Court was reversed with costs, and the cause remitted to the…
1Opinion of the CourtBy the Court Geeen, J.
It seems very clear that the bill of sale was, in effect, a mortgage upon the wheat, to indemnify Perkins against his liabilifyupon the note to Paulding; and there can be no doubt of the sufficiency of the tender if such tender was necessary, and consequently, no doubt of the right of Spaulding to recover in the County Court, unless the sale of the wheat on the execution was void, for irregularity.
The execution contains all the substantial requisites specified in the statute. (I?. S., Gh. 93, § 106.) It should unquestionably recite the judgment, so far as clearly to identify it, for the…
2Cited by11 opinions
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- Finch, Van Slyck, McConville v. JacksonNorth Dakota Supreme Court · 1928
- Hughes v. KelleySupreme Court of Vermont · 1897
- Ganong v. GreenMichigan Supreme Court · 1887
- Klopp v. WitmoyerSupreme Court of Pennsylvania · 1861
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