Cicotte v. Morse
Michigan Supreme Court
Error to Wayne Circuit. The action was assumpsit, brought by defendant in error before a justice of the peace. The judgment of the justice in his favor was removed to the Circuit Court by certiorari, and being affirmed by tliat court, was brought hero by writ of error.
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Error to Wayne Circuit. The action was assumpsit, brought by defendant in error before a justice of the peace. The judgment of the justice in his favor was removed to the Circuit Court by certiorari, and being affirmed by tliat court, was brought hero by writ of error. The return of the justice of the peace, after setting forth tlie issuing, service and return of process, is in the words following: “And I do also certify that, at the time and place above specified for the return of said summons, the parties appeared before me, and the plaintiff declared against the defendants as follows: That…
1Dissent
Manning J.
dissenting:
It is objected the declaration does not state that payment of the note was demanded, at the office of ’ C. & A. Ives, when it became due, and notice thereof was given to the defendants.
The statement of the declaration is, that the note was made payable at the office of C. & A. Ives, and that when it became due and payable the maker thereof refused to pay, of which the defendants had notice. This is sufficient in justice’s court, where the pleadings, at the election of the party, may be either written or verbal, with the exception of notices of title to land, which must be…
2Cases cited3 opinions
- Elliott v. WhitmoreMichigan Supreme Court · 1858
- Barber v. TaylorMichigan Supreme Court · 1849
- Miller v. ChaffeeMichigan Supreme Court · 1849