Pegg v. Bidleman
Michigan Supreme Court
Case reserved from the Lenawee’ Circuit, and certified to. this Court as follows: “The Circuit Court for the County of Lenawee: Samuel Pegg and Charles Swindle, plaintiffs in error, against Robert Bidleman, defendant in error. “Certiorari to John Barber, a Justice of the Peace of the County of Lenawee.
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Case reserved from the Lenawee’ Circuit, and certified to. this Court as follows: “The Circuit Court for the County of Lenawee: Samuel Pegg and Charles Swindle, plaintiffs in error, against Robert Bidleman, defendant in error. “Certiorari to John Barber, a Justice of the Peace of the County of Lenawee. “This cause coming on to be heard upon the return of the said justice, and the question arising upon said return being such as in the opinion of the Circuit Judge should be reserved for the opinion of the Supreme Court, the same is reserved accordingly. “ The said question is as follows: It…
1Opinion of the Court
Christiancy J.:
The statute under which the question in this cause arises is in the following words:
“The execution of a written instrument filed with the justice shall not be denied, except under oath as hereinafter provided.” — See. 8714 Compiled Laws.
*28“ When any written instrument purporting to be executed by one of the parties is declared upon or set off, it may be used in evidence on the trial of the cause against such party without proving its execution, unless its execution be denied by oath at the time of declaring, or pleading, or giving notice of set off, if such instrument shall be…
2Cases cited2 opinions
- Fish v. HaleMichigan Supreme Court · 1857
- Thomas v. ClarkU.S. Circuit Court for the District of Michigan · 1840
3Cited by8 opinions
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- Ensign v. FoggMichigan Supreme Court · 1913
- Chicago & Northeastern R. R. v. EdsonMichigan Supreme Court · 1879
- Lobdell v. Merchants' & Manufacturers' BankMichigan Supreme Court · 1876
- Danaher v. HitchcockMichigan Supreme Court · 1876
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