Ricaby v. Gentle
Michigan Supreme Court
Error to Berrien; Coolidge, J. Assumpsit by Robert Ricaby against Samuel Gentle upon a justice’s judgment. From a judgment for plaintiff, defendant brings error. This case was tried before the court without a jury, and the following findings made: “ Facts.
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Error to Berrien; Coolidge, J. Assumpsit by Robert Ricaby against Samuel Gentle upon a justice’s judgment. From a judgment for plaintiff, defendant brings error. This case was tried before the court without a jury, and the following findings made: “ Facts. “A valid judgment was obtained by the plaintiff against the defendant, before Alonzo Plummer, a justice of the peace, on September 7, 1888, for the sum of $290.36 and costs of suit, taxed at $3.20. On August 23, 1894, a summons was issued out' of this court in favor of the plaintiff and against the defendant, returnable October 9, 1894, and…
1Per curiam
The provisions of the statute are as follows (3 Comp. Laws 1897, § 9738) :
*338“If, in any action duly commenced within the time limited in this chapter and allowed therefor, the writ or declaration shall fail of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed, or if the writ be abated or the action otherwise avoided or defeated by the death of any party thereto, or for any matter of form, or if, after a verdict for the plaintiff, the judgment shall be arrested, or if a judgment for the plaintiff shall be reversed on a…
2Cited by4 opinions
- Sera v. EberleinMichigan Court of Appeals · 1968
- Eves v. DudaMichigan Supreme Court · 1964
- Lacney v. WellsMichigan Supreme Court · 1961
- Fletcher v. WeissMichigan Supreme Court · 1938