Legal Opinion

Peterson v. Harrington

Michigan Supreme Court

Decided September 27, 1917No. Docket No. 101Published

Error to Otsego; Sharpe, J. Assumpsit in justice’s court by Charles Peterson against William A. Harrington and another on a rer plevin bond. From a judgment for plaintiffs, defendants appealed to the circuit court by writ of certiorari. Judgment for plaintiff. Defendants bring error.

1Opinion of the CourtBird, J.

Plaintiff recovered judgment on a replevin bond against defendants in justice’s court, which was afterwards affirmed in the circuit court on certiorari. The material facts out of which this controversy arose are that defendant Harrington brought an action of replevin before Oris W. Farrar, a justice of the peace, against the plaintiff, Peterson, and gave the statutory bond, with defendant Johnson as surety. No property *613was seized on the writ, but plaintiff went to trial as in an ordinary action commenced by summons. The trial resulted in a disagreement of the jury. Subsequently the case was…

2Cases cited5 opinions

  1. Smith v. Circuit JudgeMichigan Supreme Court · 1881
  2. Stegeman v. FraserMichigan Supreme Court · 1910
  3. Brabon v. PierceMichigan Supreme Court · 1876
  4. Miller v. MaherMichigan Supreme Court · 1914
  5. Monroe v. HeintzmanMichigan Supreme Court · 1881

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