Jewett v. Bennett
Michigan Supreme Court
Error to Livingston Circuit. Ejectment brought to recover certain premises described in the declaration, which was in the usual form.
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Error to Livingston Circuit. Ejectment brought to recover certain premises described in the declaration, which was in the usual form. Plea general issue, and the cause was tried at June term, 1853. Oh the trial plaintiff’s counsel introduced the book kept by the Clerk of the Circuit Court for the County of Livingston for the entry and docketing of judgments upon filing transcripts of justices’ judgments, and offered to read in evidence to the jury the records of two judgments therein in favor of the plaintiff, upon which executions had been issued, and the premises sought to be recovered sold…
1Opinion of the Court
By the Court,
Martin, J.
Several interesting and important questions arise in tiffs' case, from the consideration of which we are debarred, by the view we take of the instrument called a Transcript of Judgment. By the provisions of our Bevised Statutes,. Chap. 93, -of Courts held by Justices of the Peace, and the-amendments thereto, it is enacted that “ whenever an execu-. tion shall be returned unsatisfied in whole or in part, it shall be the duty of a Justice of the Peace, having control of such judgment, for twenty dollars or over, exclusive of costs, on the demand of any person in whose…
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