Cicotte v. Morse
Michigan Supreme Court
Error to Wayne Circuit. The action was assumpsit, brought by defendant in error before a justice of the peace. The judgment of the justice in his favor was removed to the Circuit Court by certiorari, and being affirmed by tliat court, was brought hero by writ of error.
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Error to Wayne Circuit. The action was assumpsit, brought by defendant in error before a justice of the peace. The judgment of the justice in his favor was removed to the Circuit Court by certiorari, and being affirmed by tliat court, was brought hero by writ of error. The return of the justice of the peace, after setting forth tlie issuing, service and return of process, is in the words following: “And I do also certify that, at the time and place above specified for the return of said summons, the parties appeared before me, and the plaintiff declared against the defendants as follows: That…
1Opinion of the Court
Campbell J.:
IjThe rules of pleading, when applied to justice’s courts, have always been extremely liberal, and we are not disposed to regard the declaration in this case as insufficient.
But a cause of action must be as fully proved in one *428court as in another. And facts which can not be regarded as tending to prove others which are material and necessary to establish a cause of action, can not before a justice, any more than at the circuit, be regarded as sufficient to fix a liability.
To charge an endorser, for example, several distinct things are necessary, no one of which can be disregarded,…
2Cited by10 opinions
- Hyde v. NelsonMichigan Supreme Court · 1863
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- Brown v. BlanchardMichigan Supreme Court · 1878
- Bullock v. UeberrothMichigan Supreme Court · 1899
- Chicago & Canada Southern R'y Co. v. PetersMichigan Supreme Court · 1881
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