Smith v. Jones
Michigan Supreme Court
Certiorari to Kent Circuit. This writ was brought to review the proceedings of the Circuit Court for Kent Circuit, in granting an order for the issuing of an execution against an administrator. The facts are stated in the opinion.
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Certiorari to Kent Circuit. This writ was brought to review the proceedings of the Circuit Court for Kent Circuit, in granting an order for the issuing of an execution against an administrator. The facts are stated in the opinion. The following are the errors assigned: 1. For that the said judgment was certified to the Probate Court, under section 2931 of the compiled laws. 2. For that said judgment was presented to the commissioners appointed by the Probate Court of Kent county, in said estate, and allowed by them. 3. Because the amount of said judgment must be paid in the same manner as…
1Opinion of the Court
Cooley J.
The defendant in error brought suit in the court below against Ellsworth by attachment, which was returned not personally served. Ellsworth died pending the suit, and the cause afterwards proceeded to judgment against his administrator. The judgment not being satisfied, defendant applied to the court below for execution, which was awarded to him. The administrator thereupon brings the proceedings to this court to obtain a reversal of the order for execution. The question is solely one of statutory construction.
The statutes of 1846 — Oh. 19, §16 — provide that all actions pending…
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- Foreman Brothers Banking Co. v. HandyMichigan Supreme Court · 1925
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