Legal Opinion

Dayo v. Provinski

Michigan Supreme Court

Decided February 19, 1892PublishedCited by 1 opinion

Error to Gogebic. (Williams, J.) Replevin. Plaintiff brings error. The facts are stated in the opinion.

1Opinion of the CourtGrant, J.

'Replevin. Suit brought before a justice of the peace. Plaintiff filed the usual declaration in replevin. Defendant interposed a plea to the jurisdiction of the court, setting forth that he was a constable, and held the property under a writ of attachment issued by another justice of the peace, in a suit wherein one Cummings was plaintiff and one Schilkie was defendant. To this plea plaintiff demurred. The justice rendered judgment in favor of defendant, quashing the writ of replevin, and ordering a return of the property.

It is urged that the justice’s court which issued the writ of…

2Cases cited2 opinions

  1. Dorr v. ClarkMichigan Supreme Court · 1859
  2. O'Connor v. GiddayMichigan Supreme Court · 1886

3Cited by1 opinion

  1. Brown v. WoolwineSupreme Court of Kansas · 1920

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