Axford v. Graham
Michigan Supreme Court
Error to Shiawassee. (Newton, J.) Assumpsit. Defendants bring error. One who takes upon himself the defense of a suit, hires the counsel and has charge of it, is bound by the result' as to such questions as are litigated: JDe Witt v. Prescott 51 Mich. 298 ; but interested persons who are called merely as witnesses are not bound; to have been parties and bound, they must not only have been interested in the matter, and notified of the action, but have had an opportunity to…
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Error to Shiawassee. (Newton, J.) Assumpsit. Defendants bring error. One who takes upon himself the defense of a suit, hires the counsel and has charge of it, is bound by the result' as to such questions as are litigated: JDe Witt v. Prescott 51 Mich. 298 ; but interested persons who are called merely as witnesses are not bound; to have been parties and bound, they must not only have been interested in the matter, and notified of the action, but have had an opportunity to control the defense, introduce and cross-examine witnesses, and prosecute an appeal: Greenl. Ev. 523: Hale v. Finch 104 U.…
1Opinion of the CourtChamplin, J.
The defendants exchanged horses with ■plaintiff, giving him one they had obtained from one Evens. The plaintiff shortly after sold the horse to Thomas Connolly. Henry Stevens replevied the horse from Connolly in justice’s ■court, claiming that he was the owner, and that the horse had been stolen from him some six years before. In this suit ■Stevens recovered judgment, and thereupon Connolly sued Axford, the plaintiff in this suit, in assumpsit for failure of title, and recovered. In that suit Axford gave the defendants written notice to appear and defend the title. After-wards Axford brought…
2Cited by9 opinions
- Shores v. HooperMassachusetts Supreme Judicial Court · 1891
- Fitzpatrick v. HoffmanMichigan Supreme Court · 1895
- State ex rel. Crittenberger v. Farmers & Merchants National BankIndiana Court of Appeals · 1919
- Fowler v. BlountMichigan Supreme Court · 1916
- Mortgage & Contract Co. v. KupalianMichigan Supreme Court · 1930
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