Legal Opinion

Holcomb v. Tift

Michigan Supreme Court

Decided September 23, 1884PublishedCited by 2 opinions

Error to Newaygo. (Fuller, J.) Assumpsit. Defendant brings error.

1Opinion of the CourtCampbell, J.

This suit was originally brought on a justice’s judgment upon a cause of action against Jerry Mason and Le Roy Tift. Tift was the only defendant served. The justice, in rendering judgment, seems to have used the word “ defendant ” instead of “ defendants.” But inasmuch as *648the statute provides what judgment shall be rendered on joint debts where only one party is served, this is a mere clerical misprision, and the judgment, not having been taken up by certiorari or appeal, must stand as a valid judgment for all purposes against the defendant who was served. Allen v. Mills 26 Mich. 123 ; Zimmer…

2Cases cited5 opinions

  1. Bonesteel v. ToddMichigan Supreme Court · 1861
  2. Facey v. FullerMichigan Supreme Court · 1865
  3. Oakley v. AspinwallNew York Court of Appeals · 1851
  4. Allen v. MillsMichigan Supreme Court · 1872
  5. Zimmer v. DavisMichigan Supreme Court · 1876

3Cited by2 opinions

  1. Wernik v. KolodziejczakMichigan Supreme Court · 1927
  2. Hitchcock v. FrackeltonMichigan Supreme Court · 1898

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