Fish ex rel. Smith v. Barbour
Michigan Supreme Court
Error to Mecosta. Action on bail bond. Plaintiff brings error. An execution is not invalidated by immaterial errors whereby it varies from the judgment, Sanders v. Kentucky Ins. Co. 4 Bibb 471; McMahan v. Colclough 2 Ala. 68; Lewis v. Avery 8 Yt. 289; Avery v. Lewis 10 Yt. 332; Look v. Duncan Litt. Sel.
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Error to Mecosta. Action on bail bond. Plaintiff brings error. An execution is not invalidated by immaterial errors whereby it varies from the judgment, Sanders v. Kentucky Ins. Co. 4 Bibb 471; McMahan v. Colclough 2 Ala. 68; Lewis v. Avery 8 Yt. 289; Avery v. Lewis 10 Yt. 332; Look v. Duncan Litt. Sel. Cas. 177; Bank of Whitehall v. Bettes 13 Vt. 395; Barnes v. Ilayes 1 Swan 304; Brace v. Shaio 16 B. Mon. 43; Sprott v. Reid 3 la. 489; Jordan v. Porter-field 19 Ga. 139; Martin v. Rice 16 Tex. 157; Corbin v. Pearce 81 111. 461; Jones v. Cook 1 Cow. 309; Jackson v. Robins 16 Johns. 574; Hayes…
1Opinion of the CourtCampbell, J.
In March, 1877, plaintiff sued defendants on a recognizance of special bail which was given on the 18th of December, 1868, on behalf of John J. Barbour, whom Fish had sued by capias in the circuit court for Lenawee county. That original suit was begun and affidavit to hold to bail made August 1, 1868. Declaration was filed November 28,1870. An amended declaration was filed March 1, 1871. The original defendant pleaded the general issue to the original declaration, but did not plead to the amended declaration. On the 14th of April, 1871, a trial was had, resulting in a verdict for $1,164.60,…
2Cases cited6 opinions
- Proctor v. ProutMichigan Supreme Court · 1869
- Brown v. KelleyMichigan Supreme Court · 1870
- People ex rel. Hackett v. Judge of the Wayne CircuitMichigan Supreme Court · 1877
- People ex rel. Singer Manufacturing Co. v. McAllisterMichigan Supreme Court · 1869
- Campau v. SeeleyMichigan Supreme Court · 1874
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3Cited by9 opinions
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- Stowe v. MayMichigan Supreme Court · 1929
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