Boatz v. Berg
Michigan Supreme Court
Error to Manistee. (Judkins, J.) Assumpsit. Plaintiffs bring error. ‘Adjournment of a cause in justice’s court should be allowed where the affidavit therefor is sufficient: Annin v. Ohase 13 Johns. 462Mercer v. Lowell Bank 29 Mich. 248; it is error for a justice to try a • case without a jury in defendants’ absence and without his ■ consent after a venire is issued: Searing v. Wheedon 8 Johns. 460; McGrcm v. Sturgeon 29 Mich. 429.
1Opinion of the CourtSherwood, J.
In the record in this case there are shown no findings of law, and no findings by the circuit court out- . side of what the judgment itself, sustaining the certiorari, imparts. The general assignments of error that the court erred in sustaining the certiorari, and also in rendering judgment against George E. Fowler, the surety, are the • only errors properly alleged, or that we can consider.
The return to the writ of certiorari shows that on the ■return day of the summons — the 19th day of February, .1881, — both parties appeared before the justice; that plaint*10iff declared verbally in…
2Cases cited1 opinion
- McLean v. IsbellMichigan Supreme Court · 1880
3Cited by8 opinions
- Peters v. SturmerMichigan Supreme Court · 1933
- Archer v. HighMississippi Supreme Court · 1942
- Eldridge v. HubbellMichigan Supreme Court · 1898
- Ciaglo v. FanningMichigan Court of Appeals · 1980
- Pontiac & Lapeer Plank-road Co. v. HopkinsonMichigan Supreme Court · 1888
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