Foster v. Wiley
Circuit Court of the 48th Circuit of Michigan
This was an action of trespass brought by the plaintiff, Foster, against the defendants, Wiley and Monteith, for the taking on execution and disposing of a certain buggy belonging to the plaintiff.— The execution was issued on a judgment rendered in Justice s Court, in favor of Wiley against Foster, which judgment Foster claimed to have duly appealed to the Circuit Court.
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This was an action of trespass brought by the plaintiff, Foster, against the defendants, Wiley and Monteith, for the taking on execution and disposing of a certain buggy belonging to the plaintiff.— The execution was issued on a judgment rendered in Justice s Court, in favor of Wiley against Foster, which judgment Foster claimed to have duly appealed to the Circuit Court. A statement of the facts in regard to the appeal, and the ruling ot the Court thereon, sustaining the appeal, will be fuund in 1 Mich. Nisi JPrius, page 257. The execution was issued by the Justice after the appeal had been…
1Opinion of the Court
By the Court,
Upson, J.
The general rule as laid down by.the authorities seems to be that in cases of this kind if the magistrate has jurisdiction of the subject matter, and if the process is regular upon its face, the officer executing it is protected, and in questioning or reviewing his action, the Court will not look beyond 'the process to see if he was cognizant of any irregularity in regard to it. 7 Met., 257; 10 Cush., 46; 9 Conn., 140; 5 Hill, 440; 24 Wend., 485.
•These decisions seem to hold that it is of no consequence even if the officer had knowledge of facts rendering the process…
2Cases cited5 opinions
- Wall v. TrumbullMichigan Supreme Court · 1867
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Watkins v. WallaceMichigan Supreme Court · 1869
- Shadbolt v. BronsonMichigan Supreme Court · 1848
- People v. RixMichigan Supreme Court · 1858