Legal Opinion

Tacoma v. Nyenhuis

Michigan Supreme Court

Decided December 22, 1916No. Docket No. 145Published

Certiorari to Allegan; Cross, J. Assumpsit in justice’s court by Samuel Tacoma .•against James Nyenhuis for goods sold and delivered: Prom a default judgment for plaintiff, defendant appealed to the circuit court. Judgment for defendant. Plaintiff brings certiorari.

1Opinion of the CourtProoke, J.

On November 22,1915, plaintiff secured a default judgment against defendant in the sum of $30 and $3.10 costs. Thereafter defendant took a special appeal to the circuit court.

The justice’s return to the circuit court upon said appeal is, in part, as follows:

“The cause was commenced by summons issued on the 13th day of November, 1915, returnable at my office in the township of Saugatuck, in said county, on ]the 22d'day of November, 1915, aforesaid, at 9 o’clock in the forenoon.
“The plaintiff appeared in person and by attorney, J. N. Clark, and declared orally on each and all the *421common counts…

2Cases cited4 opinions

  1. Hoben v. Citizens' Telephone Co.Michigan Supreme Court · 1913
  2. E. S. Knowles & Son v. CavanaughMichigan Supreme Court · 1906
  3. Davison v. DavisonMichigan Supreme Court · 1894
  4. Wells v. United States Fidelity & Guaranty Co. of BaltimoreMichigan Supreme Court · 1910

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