Crouse v. Derbyshire
Michigan Supreme Court
Error to Clinton Circuit. Replevin by Derbyshire for one hundred bushels of wheat. On the trial, plaintiff, to show title to the wheat, introduced in evidence the docket entries in a suit before a justice of the peace, between himself as plaintiff, and Joseph T. Church as defendant, which suit appeared by the entries to have been commenced by summons which was returned served: and it further appeared that on the return day the parties appeared; that plaintiff declared on a…
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Error to Clinton Circuit. Replevin by Derbyshire for one hundred bushels of wheat. On the trial, plaintiff, to show title to the wheat, introduced in evidence the docket entries in a suit before a justice of the peace, between himself as plaintiff, and Joseph T. Church as defendant, which suit appeared by the entries to have been commenced by summons which was returned served: and it further appeared that on the return day the parties appeared; that plaintiff declared on a promissory note, and that in court defendant admitted the execution of the note, and 'his indebtedness thereon, whereupon…
1Opinion of the Court
Martin Ch. J.:
The judgment upon the justice’s docket in the case of Derbyshire against Church, was properly admitted and read in evidence. In cases,, regularly commenced by process, the parties may appear and plead cither orally or in writing; and the defendant may as ell admit as deny the action. The Legislature never contemplated so great an absurdity as to require proof by the sworn statements of a bystander, that the defendant had confessed the action in the presence of the justice and in open court, in order to authorize the rendition of a judgment upon such admission. When the action is…
2Cited by8 opinions
- Warren Tool Co. v. StephensonMichigan Court of Appeals · 1968
- Winton Motor Carriage Co. v. BlombergWashington Supreme Court · 1915
- Detroit Trust Co. v. SmithMichigan Supreme Court · 1931
- Neada v. State Farm Life InsuranceMichigan Supreme Court · 1949
- Sutherland v. CarterMichigan Supreme Court · 1884
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