Delevan v. Bates
Michigan Supreme Court
Error to Hillsdale Circuit Court. Bates sued Delevan before a -justice of tbe peace, in trespass. Tbe declaration alleged that Delevan, on the 28th February, 1839, with force and arms, certain goods and chattels of the plaintiff, to wit: a sorrel mare of the value of $100, seized, took, led and carried away, and to his own use converted and disposed of, and that he kept and detained the same from the plaintiff for the space of three years, next following; and that by reason…
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Error to Hillsdale Circuit Court. Bates sued Delevan before a -justice of tbe peace, in trespass. Tbe declaration alleged that Delevan, on the 28th February, 1839, with force and arms, certain goods and chattels of the plaintiff, to wit: a sorrel mare of the value of $100, seized, took, led and carried away, and to his own use converted and disposed of, and that he kept and detained the same from the plaintiff for the space of three years, next following; and that by reason thereof the plaintiff had been obliged to pay $100, in order to regain possession of his property; and had also been…
1Opinion of the Court
By the cowrt,
Green, J.
The property in question having been unlawfully taken by Delevan, and sold to Town, who unjustly detained it from Bates, he was at liberty to prosecute his remedy against either of the wrong-doers, at his election. He elected to prosecute his writ of replevin against Town, and recovered his property, with the costs of suit. In that action, he was also entitled to recover his damages for the detention, (R. S. 1838, p. 525,) and whether he claimed such damages, or had them assessed or not, is entirely immaterial so far as this case is concerned, a waiver of damages being…
2Cited by2 opinions
- Osburn v. LovellMichigan Supreme Court · 1877
- Drewyour v. MerrellMichigan Supreme Court · 1897