Kinnie v. Owen
Michigan Supreme Court
Case reserved from Wayne Circuit Court. The vessel Manhattan was attached for carelessly running down the Saltillo, with a cargo of wheat on board, under ch. 122, R. S., at the instance of Perry, who was a part owner of the Saltillo; and Kinnie, who owned the wheat, filed his claim under the attachment. A- bond was g'iven under the thirteenth section of the act, and the vessel was released.
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Case reserved from Wayne Circuit Court. The vessel Manhattan was attached for carelessly running down the Saltillo, with a cargo of wheat on board, under ch. 122, R. S., at the instance of Perry, who was a part owner of the Saltillo; and Kinnie, who owned the wheat, filed his claim under the attachment. A- bond was g'iven under the thirteenth section of the act, and the vessel was released. The present action was. on this bond; and to the declaration, assigning breaches of the condition of the bond, defendants plead the general issue, by demanding a trial of the matters set forth in the…
1Opinion of the Court
By the court,
Mund-y, J.
The solution of the questions presented in 'this case, depends, we think, upon a just construction of the Revised Statutes of 1846, and especially of those provisions which abolish in all' civil actions special pleading, permitting all matters of defence to be given in evidence under the general issue, and providing for a notice under such issue of those matters.which, by the old rules of pleading, were to be specially pleaded, or special notice thereof given under the general issue. The object of the legislature unquestionably was the saving to suitors the vexation and…
2Cited by6 opinions
- Snyder v. WilleyMichigan Supreme Court · 1876
- Osburn v. LovellMichigan Supreme Court · 1877
- Young v. StephensMichigan Supreme Court · 1862
- Cleveland v. RothschildMichigan Supreme Court · 1903
- Parker v. BaldwinMichigan Supreme Court · 1921
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