Legal Opinion

Wilson v. Arnold

Michigan Supreme Court

Decided May 18, 1858PublishedCited by 17 opinions

Case reserved from Lapeer Circuit. The action was ejectment, by the plaintiff against James Arnold, Henry Crapo, and Henry C. Miles.

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Case reserved from Lapeer Circuit. The action was ejectment, by the plaintiff against James Arnold, Henry Crapo, and Henry C. Miles. On the trial, it was admitted by the parties, that plaintiff and defendants Crapo and Arnold, claim title in fee to the undivided half of the premises described in the declaration, through one William G. Wise, who was, on the 22d day of ■January, 1849, the owner in fee of the undivided half of the premises, and that Crapo and Arnold are owners in fee of the other undivided half. And the plaintiff, to maintain the issue on his part, introduced in evidence a deed…

1Opinion of the Court

Manning J.:

In Drew vs. Dequindre, 2 Doug. Mich. 93, the affidavit was sworn to on the 10th of June, and the writ was issued on the 12th of that month; and it was held the affidavit should have been sworn to on the day the application was made for the wi’it. That case is decisive of the present. The phraseology of the statute under which the proceedings in that case were had, differs, it is true, from that in the present statute. In the Revised Statutes of 1838, the language is “immediately preceding the time of making application for such attachment.” In the present law it is “ immediately…

2Cited by17 opinions

  1. People v. TennysonMichigan Supreme Court · 2010
  2. Bank of the State v. AndersonSupreme Court of Iowa · 1863
  3. Crim v. HarmonWest Virginia Supreme Court · 1893
  4. Tonn v. LindersCourt of Appeals of Maryland · 1911
  5. Cross v. McMakenMichigan Supreme Court · 1869

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