Brooks & Ellis v. McIntyre
Michigan Supreme Court
Error to the "Wayne Circuit Court. This suit was originally commenced before a Justice of the Peace. The summons issued was personally served on the defendant (plaintiff in error) Brooks, and returned non est inventus as to Ellis, who was also named a defendant in the writ. The declaration was in assumpsit against both defendants ; to which Brooks pleaded the general issue.
Read the full summary
Error to the "Wayne Circuit Court. This suit was originally commenced before a Justice of the Peace. The summons issued was personally served on the defendant (plaintiff in error) Brooks, and returned non est inventus as to Ellis, who was also named a defendant in the writ. The declaration was in assumpsit against both defendants ; to which Brooks pleaded the general issue. Ellis not appearing, and judgment having been recovered by the plaintiff' below, the case was appealed to the Wayne County Circuit Court, and upon the trial in that Court, 'the plaintiff in errror, Brooks, having executed…
1Opinion of the Court
By the Court,
Martin, J.
This action was commenced and prosecuted under the provisions of our Revised Statutes, respecting proceedings against joint debtors. It is a well-established principle of the common law, that in actions upon joint obligations, all the living joint obligors or promissors must be made defendants ; and herein consists the difference, it is said, between contracts which are joint and those which are joint and several, as respects the right of the holder of the one or the other in pursuing his remedy, that, on the first he is obliged to sué all the living promissors, whereas…
2Cases cited4 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Barton v. Petit and BayardSupreme Court of the United States · 1812
- Gibbons v. SurberIndiana Supreme Court · 1836
- Lewis v. WilliamsSupreme Court of Pennsylvania · 1841
3Cited by6 opinions
- Jardine v. Superior CourtCalifornia Supreme Court · 1931
- Welch v. HullMichigan Supreme Court · 1888
- Talcott v. Pine GroveU.S. Circuit Court for the District of Western Michigan · 1872
- Brown v. KnopMichigan Supreme Court · 1904
- Purviance v. EdwardsSupreme Court of Florida · 1879
1 more not listed; retrieve them via the Exa API.