Legal Opinion

Howerter v. Kelly

Michigan Supreme Court

Decided July 13, 1871PublishedCited by 1 opinion

Case made after judgment from Berrien Circuit. •This was an action of replevin, brought by Howerter against Kelly, to recover a horse and harness. The writ was dated September 30, 1869, and was tested in the name of Charles Hpson, circuit judge of tbe 15th judicial circuit.

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Case made after judgment from Berrien Circuit. •This was an action of replevin, brought by Howerter against Kelly, to recover a horse and harness. The writ was dated September 30, 1869, and was tested in the name of Charles Hpson, circuit judge of tbe 15th judicial circuit. A vacancy had been occasioned in the office of the circuit judge of the second judicial circuit, which included the county of Berrien, caused by tbe death, September 9, 1869, of Nathaniel Bacon, circuit judge. The governor, being duly informed of sucb vacancy, bad designated tbe aforesaid Charles Hpson, circuit judge of…

1Opinion of the Court

The Court

held that when a request in writing for a special finding is filed in such a cause, the circuit judge must *339make suck finding, and his failure so tó do is error; and that the writ was properly tested in the name of Judge Upson.

Judgment reversed and the case remanded to the court below for further proceedings.

2Cited by1 opinion

  1. Atchison, Topeka & Santa Fé Railroad v. FerrySupreme Court of Kansas · 1882

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