Adams v. Wood
Michigan Supreme Court
Case made after judgment from Kent. (Montgomery, J.) KepleviN. Defendant bad judgment. Demand is unnecessary before bringing replevin, if defendant claims title : Wells on Replevin § 374; Smith v. McLean 24 la. 322; Seaver v. Dingley 4 Greenl. 306; Homan v. Laboo 1 Neb. 204; Per-kms v. Barnes 3 Nev. 557; Morris on Replevin 78. Detention of goods lawfully obtained does not become unlawful until demand is made for them: Darling v. Tegler 30 Micb. 54; Campbell v. Quaclcenbush…
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Case made after judgment from Kent. (Montgomery, J.) KepleviN. Defendant bad judgment. Demand is unnecessary before bringing replevin, if defendant claims title : Wells on Replevin § 374; Smith v. McLean 24 la. 322; Seaver v. Dingley 4 Greenl. 306; Homan v. Laboo 1 Neb. 204; Per-kms v. Barnes 3 Nev. 557; Morris on Replevin 78. Detention of goods lawfully obtained does not become unlawful until demand is made for them: Darling v. Tegler 30 Micb. 54; Campbell v. Quaclcenbush 33 Micb. 288.
1Opinion of the CourtSheewood, J.
Tbis action is replevin for a borse alleged to bave been wrongfully detained, and damages for detention.
At the circuit the judgment was for defendant for return of the property and ten dollars damages for detention, with costs; and in favor of plaintiff for a special interest to the amount of ten dollars. the proceedings are before us for review upon case made after judgment.
At the request of the parties the circuit judge made written findings of the facts and of the law. the exceptions are to the findings upon the law. the court finds as facts that the plaintiff sold and delivered the borse…
2Cases cited17 opinions
- Trudo v. AndersonMichigan Supreme Court · 1862
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Cadwell v. PrayMichigan Supreme Court · 1879
- Kelsey v. GriswoldNew York Supreme Court · 1849
- Lockwood v. BullNew York Supreme Court · 1823
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3Cited by8 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Wails v. FarringtonSupreme Court of Oklahoma · 1911
- Pettyplace v. Groton Bridge & Manufacturing Co.Michigan Supreme Court · 1894
- Wiggins v. SnowMichigan Supreme Court · 1891
- Koch v. LyonMichigan Supreme Court · 1890
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