Legal Opinion

Isaacs v. McLean

Michigan Supreme Court

Decided July 2, 1895PublishedCited by 17 opinions

Error to Osceola; McMahon, J. Trover by John Isaacs against James H. McLean and James M. Eeed for property levied upon and sold on execution against plaintiff. From a judgment for plaintiff, defendants bring error.

1Opinion of the CourtMcGrath,C. J.

It is conceded that the levy upon and sale of plaintiff’s property were wrongful. The property *80taken consisted in part of a pile of lumber and a stack of hay. A witness for plaintiff was asked what, in his opinion, was the amount of lumber in the pile. To this question counsel for defendants objected, saying, “I object to that, as incompetent.” Another witness was asked, “What, if you know, would be the average crop from that 40 acres there, from what you know of the land?” This was objected to “as incompetent and too indefinite.” íhe court overruled the objection, but that question was not…

2Cases cited3 opinions

  1. Northrup v. McGillMichigan Supreme Court · 1873
  2. Bringard v. StellwagenMichigan Supreme Court · 1879
  3. Stilson v. GibbsMichigan Supreme Court · 1879

3Cited by17 opinions

  1. Jantausch v. Borough of VeronaNew Jersey Superior Court Appellate Division · 1956
  2. Kelley v. John R. Daily Co.Montana Supreme Court · 1919
  3. Paul v. University Motor Sales Co.Michigan Supreme Court · 1938
  4. Denney v. Spot Martin, Inc.Missouri Court of Appeals · 1959
  5. Farmers' National Bank v. WoodellOregon Supreme Court · 1900

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