Arnold v. Nye
Michigan Supreme Court
Error to Washtenaw Circuit. This was an action of trespass brought by Hiram Arnold, against Nelson B. Nye, John C. Mead, Reuben Boss, George M. Osborn, John N. Gott, Amos C. Blodgett, 'John S. Henderson, Jonathan Sprague, and William A. Moore, for taking and carrying away certain goods and chattels belonging to said plaintiff.
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Error to Washtenaw Circuit. This was an action of trespass brought by Hiram Arnold, against Nelson B. Nye, John C. Mead, Reuben Boss, George M. Osborn, John N. Gott, Amos C. Blodgett, 'John S. Henderson, Jonathan Sprague, and William A. Moore, for taking and carrying away certain goods and chattels belonging to said plaintiff. The defendants justified as follows, viz: The defendant Nye, as deputy United States marshal of the district of Michigan, and the defendants, Boss, Henderson and Sprague, as his assistants, and the defendant Moore, as Clark’s attorney, by virtue of an execution against…
1Opinion of the CourtCooley, J.
The objection taken to the admission in evidence of the judgment in the federal court against James Arnold, in favor of Clark, has no force. The ground of the objection was, that it did not appear on the face of the record that Arnold was served with process. But this was not essential $ except in the case of inferior tribunals or those not proceeding according to the course of the common law, it is to be presumed that jurisdiction of the parties was duly obtained. In this case, however, it was not necessary to stand upon that presumption, as jurisdiction affirmatively appeared. An attorney…
2Cases cited3 opinions
- Columbia Turnpike Road v. HaywoodNew York Supreme Court · 1833
- Sallee v. IrelandMichigan Supreme Court · 1861
- Charles v. StansburyNew York Supreme Court · 1808
3Cited by28 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Driscoll v. PeopleMichigan Supreme Court · 1882
- Gardiner v. . MaySupreme Court of North Carolina · 1916
- Sax v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1900
- Muncie National Bank v. BrownIndiana Supreme Court · 1887
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