Hickey v. Hinsdale
Michigan Supreme Court
Error to Wayne Circuit. The action was by Hinsdale against plaintiffs in error, in replevin. The defendants (below) justified under execution against the plaintiff, issued upon a judgment rendered by Garry Spencer, a justice of the peace.
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Error to Wayne Circuit. The action was by Hinsdale against plaintiffs in error, in replevin. The defendants (below) justified under execution against the plaintiff, issued upon a judgment rendered by Garry Spencer, a justice of the peace. To prove this judgment, they introduced the justice, who testified “that he, as such justice, rendered a judgment against David M. Hinsdale, as garnishee of Samuel Chamberlain, in favor of John R. McBride, John Robinson and John M. Hoover, on March 1st, 1858, and entered the same on a half-sheet of foolscap paper, which was not a part or parcel of his…
1Opinion of the Court
Manning J.:
The case presents two questions: 1st. Can a justice’s judgment have a legal existence without an entry or record of it on his docket? and 2d. If it can, was the evidence offered to prove the judgment admissible?
By § 3890 of Compiled Laws, every justice of the peace is required to keep a docket, and to enter therein the title of all causes commenced before him, the time when the first and subsequent process was issued against the defendant, and the particular process issued; the judgment rendered by the justice, and the time of rendering the same, the time of issuing execution, and…
2Cases cited4 opinions
- Sibley v. HowardNew York Supreme Court · 1846
- Boomer v. LaineNew York Supreme Court · 1833
- Posson v. BrownNew York Supreme Court · 1814
- Story v. KimballSupreme Court of Vermont · 1834
3Cited by16 opinions
- Scarborough v. SmithSupreme Court of Kansas · 1877
- Saunders v. Tioga Manufacturing Co.Michigan Supreme Court · 1873
- Gregor v. OldeMichigan Supreme Court · 1922
- State v. Estate of DunbarMichigan Supreme Court · 1894
- Hodges v. BaggMichigan Supreme Court · 1890
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