Lacomb v. Godkin
Michigan Supreme Court
Error to Bay; Shepard, J. Assumpsit in justice’s court by David Lacomb against John Godkin for work and labor. Plaintiff recovered judgment, and defendant appealed to the circuit court.. There was judgment for plaintiff, and defendant brings error.
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Error to Bay; Shepard, J. Assumpsit in justice’s court by David Lacomb against John Godkin for work and labor. Plaintiff recovered judgment, and defendant appealed to the circuit court.. There was judgment for plaintiff, and defendant brings error. This action of assumpsit for work and labor originated in justice’s court, where plaintiff recovered a judgment for $54.75. On the return day of the summons, and after plaintiff had declared orally, the defendant moved for security for costs. The motion was denied, and thereupon the defendant pleaded the general issue, with notice of set-off and…
1Opinion of the CourtGrant, J.
(after stating the facts). It does not appear from the return of the justice that any evidence was produced before him that the plaintiff was a nonresident. Counsel for both parties, however, have argued the case assuming that to be the fact, and that it was inown to the justice. It was decided in the early case of Parks v. Goodwin, 1 Doug. (Mich.) 56, that the failure of a nonresident to give security for costs before issue of summons was not jurisdictional, and the proper practice was held to be to move to set the process aside for failure to give security. Whether the motion to give…
2Cases cited4 opinions
- Dailey v. KennedyMichigan Supreme Court · 1887
- Waldron v. PalmerMichigan Supreme Court · 1895
- Gunn Hardware Co. v. DenisonMichigan Supreme Court · 1890
- Sherwood v. Ionia Circuit JudgeMichigan Supreme Court · 1895
3Cited by2 opinions
- Hempel v. Bay Circuit JudgeMichigan Supreme Court · 1923
- Priest v. American InsuranceMichigan Supreme Court · 1912