Hall v. Shank
Michigan Supreme Court
Error to Osceola. (Judkins, J.) Replevin. Defendant brings error. An adjournment by a justice of the peace without authority of the statute acts as a discontinuance of the suit and ousts the jurisdiction of the justice: Grace v. Mitchell 31 Wis. 535; Stadler v. Moors 9 Mich. 269; Brady v. Taber 29 Mich. 199.
1Opinion of the CourtSherwood, J.
The defendant was sheriff of the county of Osceola in 1884. The plaintiff brings replevin for property taken by the sheriff upon an execution issued in the circuit court of Kent county upon the transcript of a judgment rendered by a justice of the peace in the city of Grand Rapids, in favor of George L. Sampson and Frank D. 'Black, against the plaintiff, Ambrose 0. Kies, and John Hall, defendants, for the sum of $173.88. The plaintiff claims that the justice had no jurisdiction in the case, and that the judgment, from which the transcript was taken, was void, and that no lawful execution…
2Cases cited3 opinions
- Harrison v. SagerMichigan Supreme Court · 1873
- Brady v. TaberMichigan Supreme Court · 1874
- Stadler v. MoorsMichigan Supreme Court · 1861
3Cited by3 opinions
- Miller v. SmithMichigan Supreme Court · 1897
- Harbour v. EldredMichigan Supreme Court · 1895
- Sleight v. SwansonMichigan Supreme Court · 1901