Legal Opinion

Henika v. Brown

Michigan Supreme Court

Decided March 3, 1909No. Docket No. 35PublishedCited by 2 opinions

Case made from Emmet; Shepherd, J. Assumpsit in justice’s court by Charles B. Henika, Frank H. Henika, and Amos L. Henika, copartners as C. B. Henika & Co., against George E. Brown for goods sold and delivered. There was judgment for plaintiffs, and defendant brought certiorari in the circuit court. There was judgment affirming the judgment of the lower court, and defendant appeals.

1Opinion of the CourtMoore, J.

This was an action brought in justice’s court to recover a small demand. The case was commenced by long summons. The summons was personally served upon the defendant at, the city of Petoskey. Defendant did not appear, and plaintiffs recovered a judgment, for damages and costs, amounting to $35.65. Defendant removed the case to the circuit court by certiorari. The judgment of the justice was affirmed by the circuit court. Defendant now asks this court to set aside the judgment. He submits two questions for the consideration of this court:(1) Whether, from the fact that defendant not appearing,…

2Cases cited10 opinions

  1. People v. HobsonMichigan Supreme Court · 1882
  2. Abrey v. DuffieldMichigan Supreme Court · 1907
  3. Mann v. TylerMichigan Supreme Court · 1885
  4. People v. EtterMichigan Supreme Court · 1888
  5. Segar v. Muskegon Shingle & Lumber Co.Michigan Supreme Court · 1890

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3Cited by2 opinions

  1. People v. GrimmMichigan Supreme Court · 1914
  2. People v. ProteauMichigan Supreme Court · 1941

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