Legal Opinion

Parks v. Kerstetter

Michigan Supreme Court

Decided June 28, 1897Published

Error to Berrien; Coolidge, J. Replevin by Sylvester Parks against Wellington R. Kerstetter. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

1Opinion of the CourtGrant, J.

The plaintiff replevied from the defendant seven horses which were distrained damage feasant. The defendant found the horses in his wheat field between 7 and 8 o’clock in the morning. On the same day, about 10 o’clock, he notified the plaintiff that he had taken the horses in the wheat field, and informed him that he could have them by paying the damage which they had done, and also paying for their feed. Plaintiff said nothing, and turned away. About noon of the same day, plaintiff went within 20 rods of the defendant’s barnyard, where the horses were, and sent one William Ray to try to get…

2Cases cited2 opinions

  1. Norton v. RockeyMichigan Supreme Court · 1881
  2. Jones v. DashnerMichigan Supreme Court · 1891

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