Rosenbury v. Angell
Michigan Supreme Court
Error to Livingston Circuit. The action was trespass by Rosenbury against Angelí, for breaking and entering the plaintiff’s storehouse in Howell, and taking, carrying away, and converting divers goods, the property of the plaintiff.
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Error to Livingston Circuit. The action was trespass by Rosenbury against Angelí, for breaking and entering the plaintiff’s storehouse in Howell, and taking, carrying away, and converting divers goods, the property of the plaintiff. The defendant pleaded the .general issue, and gave notice that he would prove, on the trial, that, at the time of the alleged trespass, the storehouse and goods were the property of, and in the possession of, one Charles A. Wilber, and not of the plaintiff: That the defendant was sheriff of Livingston county: “That^ on the said twenty - eighth day of June, a. d.…
1Opinion of the Court
Christiancy J.:
The first error relied upon in this case presents the question, 1st. Whether, under the general issue, without notice, *513it was competent for the defendant to introduce in evidence the writs of attachment, with the affidavits annexed; and if not, 2d. Whether the notice which accompanied the plea was sufficient to authorize the evidence in question.
It is contended by the counsel for the defendant that, as the defense set up in the notice denied both the property and the possession of the plaintiff, it was admissible under the general issue without notice. Doubtless this defense…
2Cases cited4 opinions
- Buckley v. LowryMichigan Supreme Court · 1852
- Brooks v. BallNew York Supreme Court · 1820
- Chapman v. TwitchellSupreme Judicial Court of Maine · 1853
- Chadsey v. GreeneSupreme Court of Connecticut · 1856
3Cited by21 opinions
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- Tyra v. Organ Procurement AgencyMichigan Court of Appeals · 2013
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