Campau v. Dewey
Michigan Supreme Court
Error to Saginaw Circuit. The action was ejectment, originally brought by the defendants in error, in the county of Genesee; from which the venue was removed to Saginaw, by an order made April 29, 1859, on motion of plaintiffs, and on cause shown by affidavit.
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Error to Saginaw Circuit. The action was ejectment, originally brought by the defendants in error, in the county of Genesee; from which the venue was removed to Saginaw, by an order made April 29, 1859, on motion of plaintiffs, and on cause shown by affidavit. On the trial, before a jury, the plaintiffs [below] read, in evidence articles of the Treaty made and concluded at Saginaw, between the United States, by their Commissioner Lewis Cass, and the Chippewa Indians, on September 24, 1819; which Treaty is to be found in 1 United States Statutes at Large, 203 to 206. Anri also adduced evidence…
1Opinion of the Court
Cheistiancy J. :
The first objection taken by the plaintiffs in error is» that it was incompetent to change the venue from the county of Genesee, in which the premises are situated, to the county of Saginaw; and, therefore, that the Circuit Court of Saginaw county had no jurisdiction to try the cause.
The action of ejectment being local at common law, this objection must prevail, unless the statute has given the power to change the venue. But we think the statute has given that power. Section two of chapter 103 Revised Statutes of 1846, prescribes the place of trial of all issues of fact in the…
2Cases cited5 opinions
- Floyd v. BovardSupreme Court of Pennsylvania · 1843
- Washington Iron Works Co. v. JensenWashington Supreme Court · 1892
- Austin v. StateSupreme Court of Arkansas · 1854
- People v. HortonMichigan Supreme Court · 1856
- Landsberger v. GorhamCalifornia Supreme Court · 1855
3Cited by23 opinions
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Krametbauer v. McDonaldNew Mexico Supreme Court · 1940
- Doon v. SmithOregon Supreme Court · 1893
- New York Iron Mine v. First National BankMichigan Supreme Court · 1878
- Heard v. United StatesCourt of Appeals for the Eighth Circuit · 1919
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