Beach v. Botsford
Michigan Supreme Court
Error to Oakland Circuit. This was an action of replevin, tried at the September term, 1842, of the Circuit Court, before the Hon. Cha’s W. Whipple, Presiding Judge. The defendant in error was the plaintiff in the Court below. The declaration was for the unlawful taking and detention of one span of horses, the property of the plaintiff. On the trial, the defendant below admitted the taking and detention of the horses, and that they were the property of the plaintiff.
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Error to Oakland Circuit. This was an action of replevin, tried at the September term, 1842, of the Circuit Court, before the Hon. Cha’s W. Whipple, Presiding Judge. The defendant in error was the plaintiff in the Court below. The declaration was for the unlawful taking and detention of one span of horses, the property of the plaintiff. On the trial, the defendant below admitted the taking and detention of the horses, and that they were the property of the plaintiff. The plaintiff then rested his case. The defendant below then read in evidence, in defence, an execration issued by Amos Mead, a…
1Opinion of the CourtMorell, C. J.
The defendant below, having proved that he took the property by virtue of a legal execution, insists that it is a sufficient justification for the officer, without producing and proving the judgment on which the execution issued. No objection appears to have been made by the plaintiff below, on the trial, to the proof of the execution, without proof of the judgment. He subsequently, however, proved the judgment himself; and he contends,
1. That the judgment was void, not having been entered in pursuance of the provisions of the statute. R. S. 389, §2.
2. That it appears from the docket of the…
2Cases cited3 opinions
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Fox v. WoodSupreme Court of Pennsylvania · 1829
- Tenny v. Filer.New York Supreme Court · 1832
3Cited by8 opinions
- Kirkwood v. HoxieMichigan Supreme Court · 1893
- Allen v. CarpenterMichigan Supreme Court · 1866
- Gibbons v. FarwellMichigan Supreme Court · 1886
- Adams v. HubbardMichigan Supreme Court · 1874
- Aspell v. HosbeinMichigan Supreme Court · 1893
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