Shaw v. Hoffman
Michigan Supreme Court
Error to Wayne Circuit. Hoffman brought bis action of trespass in tbe Wayne circuit court against Sbaw to recover treble damages under chapter 137. Comp.
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Error to Wayne Circuit. Hoffman brought bis action of trespass in tbe Wayne circuit court against Sbaw to recover treble damages under chapter 137. Comp. Latos of 1857, entitled, “ Of trespasses on lands,” alleging in tbe first count of bis declaration, that be, being in peaceable possession of tbe rear end of lot 33, section'7, of tbe Governor and Judges plan of tbe city of Detroit and tbe entire barn and appurtenances thereto belonging, tbe defendant, on tbe 11th day of July, 1868, forcibly entered in and upon said premises, contrary to said statute, and wholly and entirely ejected tbe…
1Opinion of the Court
Chrjstiancy, Ch. J.
The first question arises upon trebling the last two items of damages found by the verdict ; and this depends upon the question, whether the evidence tended to show such an eviction of the plaintiff or such a holding or keeping him out of possession by the defendant, as is contemplated by section three of chapter 111, Eev. Stat. of 1846 {Corny. L. 1857, § 4717).
*168This section provides, “If any person shall be ejected or put out of any lands or tenements in a forcible and unlawful manner, or, being put out, be afterward holden and kept out by force, or with strong hand, he…
2Cases cited2 opinions
- Willard v. WarrenNew York Supreme Court · 1837
- Mooers v. AllenNew York Supreme Court · 1829
3Cited by30 opinions
- Hitchcock v. BurgettMichigan Supreme Court · 1878
- Dixon v. RickettsUtah Supreme Court · 1903
- Shaw v. CassarDistrict Court, E.D. Michigan · 1983
- Smith v. ReederOregon Supreme Court · 1892
- Smith v. Detroit Loan & Building Ass'nMichigan Supreme Court · 1887
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