Gregivere v. Chalker
Michigan Supreme Court
Error to Crawford; Sharpe, J. Assumpsit by Lewis Gregivere against William S. Ohalker and others. From a judgment for defendants, plaintiff brings error. This suit is brought against defendant Ohalker, late sheriff of Crawford county, and the other defendants as his bondsmen, to recover damages for the failure to return an execution in accordance with section 890, 1 Oomp.
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Error to Crawford; Sharpe, J. Assumpsit by Lewis Gregivere against William S. Ohalker and others. From a judgment for defendants, plaintiff brings error. This suit is brought against defendant Ohalker, late sheriff of Crawford county, and the other defendants as his bondsmen, to recover damages for the failure to return an execution in accordance with section 890, 1 Oomp. Laws 1897. Plaintiff introduced as a witness the justice of the peace, proved his docket and the entries thereon, and introduced it in evidence. The last entry upon the docket was, “Execution issued May 11, 1898, and…
1Opinion of the CourtGrant, J.
(after stating the facts). Appellant’s-counsel contends that the proffered testimony impeached *82or contradicted the justice’s docket, and was therefore inadmissible, under Stolte, Dangel & Foss Co. v. Cochran, 111 Mich. 193 (69 N. W. 347), and authorities there cited. The cases referred to, as well as others, are cases where it was sought to contradict the record made by the justice, or to supply the statutory requirements to his jurisdiction. They do not apply to a suit brought against a sheriff under the above statute, where he has performed his duty. This case is rather within the rule of…
2Cases cited3 opinions
- Grand Rapids Chair Co. v. RunnelsMichigan Supreme Court · 1889
- Forster Lumber Co. v. AtkinsonWisconsin Supreme Court · 1896
- Stolte, Dangel & Foss Co. v. CochranMichigan Supreme Court · 1896