Ortman v. Greenman
Michigan Supreme Court
Error to Washtenaw Circnrt. This was an action of trespass, commenced by warrant before a Justice of the Peace. Judgment having been rendered in favor of the plaintiff in error, who was also plaintiff before the Justice, the defendant removed the cause by certiorari into the Circuit Court for the County of Washtenaw, where the judgment of tbe Justice was reversed. The plaintiff' thereupon, removed the record into this Court by writ of error.
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Error to Washtenaw Circnrt. This was an action of trespass, commenced by warrant before a Justice of the Peace. Judgment having been rendered in favor of the plaintiff in error, who was also plaintiff before the Justice, the defendant removed the cause by certiorari into the Circuit Court for the County of Washtenaw, where the judgment of tbe Justice was reversed. The plaintiff' thereupon, removed the record into this Court by writ of error. Prom the return of tbe Justice to tbe certiorari, the following facts appear: On the 29th of December, 1853, three warrants were issued by a Justice of…
1Opinion of the Court
By the Court,
Bacon, J.
The decision of the Justice was wrong; the defendant, Greenman, was a ministerial officer merely, and executed the warrants without oppression and in good faith. The warrants were regular on their face, and were issued by an officer who had justification of the subject matter. They were a shield to the constable, and he was not bound to look beyond them for his authority to serve ttíbm. (Warner vs. Shedd, 10 J. R., 138; 12 Ib., 395; Holmes vs. Lancaster; Saracool vs. Boughton, 5 Wend., 170; Coon vs. Congdon, 12 Ib., 496.)
The defendants were cut off from their defence by…
2Cases cited2 opinions
- Mayor of New York v. MilnSupreme Court of the United States · 1837
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by4 opinions
- State v. MuoloSupreme Court of Connecticut · 1935
- Brooks v. ManganMichigan Supreme Court · 1891
- Miller v. HahnMichigan Supreme Court · 1898
- Carroll v. SchwartzConnecticut Superior Court · 1940