Hasceig v. Tripp
Michigan Supreme Court
Error to Kalamazoo Circuit. James Tripp, plaintiff in the Court below declared against Frederick Hasceig, in trover, averring that “on or about the 17th day of June, 1867, at the Township of Brady, County and State aforesaid, the plaintiff was lawfully possessed, as of his own property, of one certain grey mare, about — years old, of the value of two hundred dollars, and was lawfully possessed, as aforesaid, of two yearling colts, of the value of two hundred dollars, and…
Read the full summary
Error to Kalamazoo Circuit. James Tripp, plaintiff in the Court below declared against Frederick Hasceig, in trover, averring that “on or about the 17th day of June, 1867, at the Township of Brady, County and State aforesaid, the plaintiff was lawfully possessed, as of his own property, of one certain grey mare, about — years old, of the value of two hundred dollars, and was lawfully possessed, as aforesaid, of two yearling colts, of the value of two hundred dollars, and being so possessed of said property, as aforesaid, he, the said plaintiff, after-wards, to wit: &c., — averring loss and…
1Opinion of the CourtCooley, J.
In those cases in which the law puts into a party’s own hands an authority under which he may, by ex parte proceedings, divest the title of another, it has always been held that he must keep strictly within the limits of the authority, and observe all the precautions which may have been prescribed by law for the protection of the owner’s interest. — Newsom v. Hart, 14 Mich., 233.
Under the statute for distraining beasts damage feasant, the distrainer, before he can proceed to a sale, is required *218to obtain a warrant from a Justice of the peace, directed to two “disinterested and discreet…
2Cases cited1 opinion
- Newsom v. HartMichigan Supreme Court · 1866
3Cited by5 opinions
- Bliss v. Caille Bros.Michigan Supreme Court · 1907
- Coon v. National Fire InsuranceNew York Supreme Court · 1925
- Fitzhugh v. NirschlOregon Supreme Court · 1915
- Simpson v. SimpsonMichigan Supreme Court · 1886
- Maclean v. ScrippsMichigan Supreme Court · 1883