Black v. Spears
Michigan Supreme Court
Error to Tuscola; Beach (Watson), J. Case by George V.'Black against William J. Spears and another for a wrongful seizure of a stock of merchandise under a writ of attachment. Judgment for defendants on a directed verdict. Plaintiff brings error. On January 24, 1914, defendant William J. Spears caused an attachment to be issued against plaintiff from a justice’s court under the claim that plaintiff was about to remove a stock of goods from the county.
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Error to Tuscola; Beach (Watson), J. Case by George V.'Black against William J. Spears and another for a wrongful seizure of a stock of merchandise under a writ of attachment. Judgment for defendants on a directed verdict. Plaintiff brings error. On January 24, 1914, defendant William J. Spears caused an attachment to be issued against plaintiff from a justice’s court under the claim that plaintiff was about to remove a stock of goods from the county. Under said writ defendant Spears, acting through a deputy sheriff, took possession of the building which belonged to the other defendant, Anna…
1Opinion of the CourtBrooke, J.
(after stating the facts). In this court it is contended that the court was in error in holding that recovery under the first count was barred by reason of the adjudication in the case of Spears v. Black, supra; likewise in error in holding that recovery under counts two and three was barred by the statute of limitations. We will consider the last question first. Subdivision 3 of section 12323, 3 Comp. Laws 1915, provides:
“Actions against sheriffs for the misconduct or neglect of themselves, or their deputies, actions for trespass upon lands, for assault and battery, for false imprisonment,…
2Cited by4 opinions
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
- Richardson v. RichardsonMichigan Supreme Court · 1944
- Fellows v. National Can Co.District Court, E.D. Michigan · 1921
- Smith v. Cassida, Pennsylvania Court of Common Pleas, Beaver County1960