Walrath v. Campbell
Michigan Supreme Court
Case made from Barry Circuit. This was an action of replevin, brought by Walrath against Campbell, for one reed organ, certain carpeting, chairs, stoye and pipe, one stand, and one bureau, which the plaintiff had purchased upon a sale made on an execution issued upon a judgment in his favor, against the trustees of First Orthodox Congregational Society, of Middle-ville, Barry county, Michigan. The case was tried before the court without a jury.
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Case made from Barry Circuit. This was an action of replevin, brought by Walrath against Campbell, for one reed organ, certain carpeting, chairs, stoye and pipe, one stand, and one bureau, which the plaintiff had purchased upon a sale made on an execution issued upon a judgment in his favor, against the trustees of First Orthodox Congregational Society, of Middle-ville, Barry county, Michigan. The case was tried before the court without a jury. The plaintiff proved that this property was the property of said society, and in its possession in its church building, at the time of the levy and…
1Opinion of the Court
Christiancy, Ch. J.
It is hardly necessary to say, that as the defendant could not in any event be entitled to recover beyond the value of the property, and there was no evidence of its value except that furnished by the appraisal made under and returned with the writ of replevin, which was only $107 10, the allowance of the amount of $208 (because that was the amount of defendant’s lien) was clearly erroneous. Upon the hypothesis that the defendant was entitled to recover at all, his recovery should have been limited to the value as shown by the appraisal.
But, there being no other evidence…
2Cases cited1 opinion
- Druse v. WheelerMichigan Supreme Court · 1871
3Cited by11 opinions
- White v. PeaseUtah Supreme Court · 1897
- Hardin v. Trustees of the Second Baptist Church of the City of DetroitMichigan Supreme Court · 1883
- Irwin v. Worcester Paper Box Co.Massachusetts Supreme Judicial Court · 1923
- J. L. Hudson Co. v. BarnettMichigan Supreme Court · 1931
- Scott v. Trustees of the First Free Methodist ChurchMichigan Supreme Court · 1883
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