Wales v. Lyon
Michigan Supreme Court
Error to Wayne Circuit Court. Wales in March, 1849, sued Lyon in the County Court iu debt. The declaration is on a chattel mortgage executed hy the defendant on the 29th day of February, 1840, to secure the payment of $10,000 and interest hy instalments, as follows: $1,000 and interest on the 1st day of September, 1840; $1,000 and interest on the 1st day of March, 1841; $2,000 and interest on the 1st day of March, 1842; $2,000 and • interest on the 1st days of March, 1843,…
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Error to Wayne Circuit Court. Wales in March, 1849, sued Lyon in the County Court iu debt. The declaration is on a chattel mortgage executed hy the defendant on the 29th day of February, 1840, to secure the payment of $10,000 and interest hy instalments, as follows: $1,000 and interest on the 1st day of September, 1840; $1,000 and interest on the 1st day of March, 1841; $2,000 and interest on the 1st day of March, 1842; $2,000 and • interest on the 1st days of March, 1843, 1844 and 1845. The declaration is in the common form with the usual averment that defendant covenanted to pay, &c.; that…
1Opinion of the Court
By the Court, Pratt, J.
- This cause, by a course of special pleading, is narrowed down to a single legal point, which is neither novel or difficult to determine when the proper and well settled rules of law are applied, although on the argument several points were made, and a range wholly unwarranted by the case was taken by the counsel on both sides. The main point to .be considered and determined is whether the defendant’s demurrer to the plaintiff’s sm-rejoinder was well taken. If it was, then the judgment below is correct and must be affirmed by this Court.
The ground assumed on the part…
2Cases cited5 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
- Moore v. RossSupreme Court of Iowa · 1845
3Cited by23 opinions
- People v. WakefordMichigan Supreme Court · 1983
- Garwols v. Bankers Trust Co.Michigan Supreme Court · 1930
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- McKinney v. CurtissMichigan Supreme Court · 1886
- Hazen v. ReedMichigan Supreme Court · 1874
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