Horowitz v. Rott

This is a summary proceeding brought before a circuit court commissioner to recover possession of premises in Detroit which had been sold under an executory land contract. Plaintiff there recovered and the amount due was found. On trial in the circuit court plaintiff again recovered and the amount due was again found. Defendants paid to the clerk the amount found due and later prosecuted this writ of error. We are, therefore, confronted with the question whether this court may review a judgment which has been satisfied and no longer exists. The amount found due is not a judgment for that…