Smart v. Howe
Michigan Supreme Court
It appeared by the record in this cause that the plaintiff instituted a suit against one Charles Brewster, before Charles Peltier, Esq., a Justice oí the.
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It appeared by the record in this cause that the plaintiff instituted a suit against one Charles Brewster, before Charles Peltier, Esq., a Justice oí the. Peace of the city of Detroit, in which he-recovered judgment on. the 18th of February, 1853; that the defendant was summoned as garnishee in that suit, and that such proceedings were had in the premises pursuant to the statute, that the plaintiff recovered judgment against said defendant, as garnishee, on the 30th of April, 1853, for $91 44, damages, besides costs; that defendant, intending to take an appeal from the judgment to the Circuit…
1Opinion of the Court
By the Court,
Wing, J.
We will first consider the second assignment of error.
The caption to the return of the Justice is. as follows, viz:
“ Neturn to an Appeal,
In Justice Court, Wayne County, 1 David Smart vs. George W. Howe, V Before Charles Peltier. as Garnishee .of Charles Brewster. )
“ An appeal having been taken in this cause, I, Charles Peltier, Justice oí the Peace, before whom said cause was tried, do hereby certify" and return to the Circuit Court of the County of Wayne, the proceedings had before me therein, as follows;” at the end of the return this clause was added: “ given under my…
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