Kenyon v. Baker
Michigan Supreme Court
Error to Kalamazoo Circuit. ‘This was an action of replevin brought against the Sheriff of Kalamazoo county, to recover certain personal property taken on execution, on the ground that the property was exempt. Judgment was rendered for defendant. The facts are stated in the opinion.
1Opinion of the Court
Campbell J.
Plaintiff replevied certain property from defendant, who sought, as Sheriff, to justify under a judgment and execution levied against him. To prove the judgment, defendant introduced only the final entry upon the record, without showing any of the previous files or proceedings on which it should have been based, and the court held this sufficient proof. This was clearly erroneous. No judgment can be lawfully given by any court until a suit has been commenced, and the defendants have been brought in, and a trial or default has been had. Our practice allows all of these steps to be…
2Cited by11 opinions
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- Goodrich v. BurdickMichigan Supreme Court · 1872
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