Legal Opinion

Brown v. Kelley

Michigan Supreme Court

Decided January 10, 1870PublishedCited by 18 opinions

Error to Kalamazoo Circuit. This was an action of trespass on the case commenced by a warrant issued by a Justice of the Peace, upon an affidavit of which the following is a copy. “ State of Michigan, Kalamazoo County, ss.

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Error to Kalamazoo Circuit. This was an action of trespass on the case commenced by a warrant issued by a Justice of the Peace, upon an affidavit of which the following is a copy. “ State of Michigan, Kalamazoo County, ss. Lawrence Kelly, of said county, being duly sworn, deposes and says, that he has a just cause of action and a demand not exceeding three hundred dollars, arising out of a contract against Jacob L. Brown, of the township of Kalamazoo, in said county, against whom he applies for process by warrant for a breach of trust in converting and disposing of the money of this deponent…

1Opinion of the Court

Campbell, Oh. J.

The defendant in error sued Brown before a Justice, and *31commenced proceedings by swearing out a warrant for an alleged breach of trust. The affidavit set out the facts relied on in the following words, — “ That heretofore, to wit: on the 17th day of September, 1866, he placed in the hands of Jacob L. Brown, the sum of three hundred dollars tor safe keeping, to be kept by the said Jacob L. Brown until such time as this deponent should call for it; that the said Brown, instead of restoring to this deponent the said sum of money so entrusted to him, converted two hundred dollars…

2Cases cited1 opinion

  1. Proctor v. ProutMichigan Supreme Court · 1869

3Cited by18 opinions

  1. Swart v. KimballMichigan Supreme Court · 1880
  2. People v. HeffronMichigan Supreme Court · 1884
  3. Warren v. CraneMichigan Supreme Court · 1883
  4. Cattermole v. Ionia Circuit JudgeMichigan Supreme Court · 1904
  5. People v. EffelbergMichigan Supreme Court · 1922

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