Brand v. Johnrowe
Michigan Supreme Court
Error to Alpena. (Emerick, J.) Assumpsit on appeal bond. Plaintiff brings error. The facts are stated in the opinion. The case should have been submitted to the jury: Woodin v. Durfee, 46 Mich. 424 ; Cahill's Appeal, 48 Mich. 617; Duncan Heirs v. U. S. 7 Peters, 449. From the undisputed facts plaintiff was entitled to a verdict.
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Error to Alpena. (Emerick, J.) Assumpsit on appeal bond. Plaintiff brings error. The facts are stated in the opinion. The case should have been submitted to the jury: Woodin v. Durfee, 46 Mich. 424 ; Cahill's Appeal, 48 Mich. 617; Duncan Heirs v. U. S. 7 Peters, 449. From the undisputed facts plaintiff was entitled to a verdict. Where sureties sign, acknowledge and deliver a bond to a commissioner, for the Surpose of appealing a suit, no matter how many names may e found in the body of the bond, they are bound by it unless they expressly notify such commissioner that the instrument is not to…
1Opinion of the CourtMorse, J.
The plaintiff in this action declared upon an appeal-bond, signed and acknowledged before a circuit court commissioner of Alpena county, by the defendant Oakes as principal, and the two other defendants as sureties.
The bond was upon an appeal taken from said commissioner’s judgment, in summary proceedings under the statute, for the possession of certain premises, in which proceedings a certain sum was found due for rent; and the bond contained the usual condition that in case judgment was rendered against the defendant Oakes, in the circuit court, he should pay the rent due the complainant…
2Cases cited4 opinions
- Woodin v. DurfeeMichigan Supreme Court · 1881
- Hommel v. DevinneyMichigan Supreme Court · 1878
- Munroe v. EastmanMichigan Supreme Court · 1875
- Willett v. ShepardMichigan Supreme Court · 1876
3Cited by6 opinions
- Crampton v. CramptonMichigan Supreme Court · 1919
- Nabozny v. HamilMichigan Supreme Court · 1960
- Wolfgram v. ValkoMichigan Supreme Court · 1965
- Arnold v. BrechtelMichigan Supreme Court · 1913
- Hessell v. JohnsonMichigan Supreme Court · 1886
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