Morse v. Dunham

Morse sued Dunham in Kent county for a trespass on lands in Cadillac, Wexford county, including a seizure of goods and personalty. Notice of justification was given under the general issue, that the alleged trespass consisted of the service of a writ of possession under proceedings to enforce delivery of possession under chapter 211 of the Compiled Laws.

On the trial the plaintiff merely showed the alleged trespass. Defendant proved himself to have been sheriff of Wexford, and produced the process under which he acted, issued to him by a justice of that county. This writ was held invalid. But…