Hoffman v. Harrington
Michigan Supreme Court
Error to St. Clair Circuit. This action, which was brought by appeal from the judgment of a Circuit Court Commissioner into the Circuit Court for the county of St. Clair, was commenced by complaint under the provision of § 4975 of the Compiled Laws, by Daniel B. Harrington against John M. Hoffman for a forcible entry. Judgment of restitution and for costs was rendered in favor of the complainant by the Commissioner, and, upon appeal, was confirmed -in the Circuit Court.
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Error to St. Clair Circuit. This action, which was brought by appeal from the judgment of a Circuit Court Commissioner into the Circuit Court for the county of St. Clair, was commenced by complaint under the provision of § 4975 of the Compiled Laws, by Daniel B. Harrington against John M. Hoffman for a forcible entry. Judgment of restitution and for costs was rendered in favor of the complainant by the Commissioner, and, upon appeal, was confirmed -in the Circuit Court. The defendant below brings tlie cause into this court by writ of error.
1Opinion of the Court
Campbell, Ch. J.
Harrington brought a complaint in January, 1870 alleging that on the 19th of February, 1869, about eleven months previous, the plaintiff in error, Hoffman, and one Skinner, entered upon certain premises occupied by him, with force, and ejected him, and have ever since unlawfully occupied them, and that Harrington was entitled to the possession.
The undisputed facts shown upon the trial were, that Harrington had used the premises for some time, with the adjoining streets, to put spars upon, being open and vacant lots, and that on February 19th, he found the lots fenced, and his…
2Cases cited1 opinion
- Seitz v. MilesMichigan Supreme Court · 1868
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- In re MunroDistrict Court, N.D. New York · 1912
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