Legal Opinion

People ex rel. Drew v. Judges of the Circuit Court

Michigan Supreme Court

Decided January 15, 1844PublishedCited by 2 opinions

Motion for a mandamus. John Gilbert and Abel Godard brought an action of debt against John Drew, the relator, in the Circuit Court for the county of Washtenaw, to recover the penalty for usury under the following statute : “ Whenever a greater rate of interest than is allowed by law, shall have been paid, the party paying the same may recover back threefold the amount of the excess of such interest so paid, by action of debt: Provided, such action shall be prosecuted within…

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Motion for a mandamus. John Gilbert and Abel Godard brought an action of debt against John Drew, the relator, in the Circuit Court for the county of Washtenaw, to recover the penalty for usury under the following statute : “ Whenever a greater rate of interest than is allowed by law, shall have been paid, the party paying the same may recover back threefold the amount of the excess of such interest so paid, by action of debt: Provided, such action shall be prosecuted within one year after such interest shall have been paid.” R. S. 161, § 7. The declaration contained several special counts,…

1Opinion of the CourtWhipple, J.

The first ground assumed by the counsel for the relator, is, that the second amended declaration was irregularly filed, and that the motion to set the same aside should have been granted by the Circuit Court. Whether this position be sound or not, must depend upon the construction of the 27th general rule prescribed by this Court for regulating the practice at the Circuit. That rule is as follows: “ The plaintiff may at any time before the default for not replying shall be entered, if the plea shall be a special plea, or a plea in abatement, or within ten days after service of a copy of the…

2Cases cited3 opinions

  1. Haynes v. MorganMassachusetts Supreme Judicial Court · 1807
  2. Cassell v. CookeSupreme Court of Pennsylvania · 1822
  3. Smith v. MeanorSupreme Court of Pennsylvania · 1827

3Cited by2 opinions

  1. People ex rel. Wiley v. Judge of Allegan CircuitMichigan Supreme Court · 1874
  2. Angell v. PruynMichigan Supreme Court · 1901

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