Schultz v. Huffman
Michigan Supreme Court
Error to Calhoun; Smith,/J. Assumpsit by William H. Schultz against Julius Huffman to recover the consideration for an alleged right of drainage. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtMoore, J.
This case was commenced in justice’s court. Defendant appeared on the return day, but not until a judgment had been rendered against him. He appealed the case to the circuit court, where a verdict of $15.30 was rendered against him by a jury.' He has brought the case here by writ of error.
The declaration in justice’s court was oral. It is stated in the return of the justice as follows:
‘ ‘ The plaintiff declared verbally on common counts in assumpsit, especially on a certain (verbal) contract, according to which the said defendant promised and agreed to pay said plaintiff fifteen dollars for…
2Cases cited2 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Wilson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
3Cited by2 opinions
- Dugger v. KellySupreme Court of Iowa · 1914
- Meese v. NixonNebraska Supreme Court · 1910