Dunn v. Sutliff
Michigan Supreme Court
Case reserved from Wayne Circuit Court, Assumpsit. Defendant became surety for costs in a justice’s court for one James Sutliff, in a suit brought by Sutliff against Dunn, the plaintiff. Sutliff recovered judgment-for $40 damages and I13..20 costs, before the justice, and Dunn appealed to the circuit court.
Read the full summary
Case reserved from Wayne Circuit Court, Assumpsit. Defendant became surety for costs in a justice’s court for one James Sutliff, in a suit brought by Sutliff against Dunn, the plaintiff. Sutliff recovered judgment-for $40 damages and I13..20 costs, before the justice, and Dunn appealed to the circuit court. Pending the appeal, the parties entered into an agreement to submit the subject matter of the suit to arbitrators, under the statute, and the arbitrators, after hearing the parties, awarded, “ they found for Dunn judgment for costs.” Judgment was afterwards rendered by tbe circuit court on…
1Opinion of the Court
Mf tfie court,
Whipí>x,é', J.
The first qúbstich to be determined is, Whether th'e security taken before the justice, followed the case on appeal to the circuit court. This question must depend upon the Construction of the' 68th se'e. of the Justice’s Act of 1841, which is in these Words: “Any justice of the peace may ik all actions, either before or after issuing of process, require,, at Ms discretion,, security of the plaintiff *25for costs; and tlie person giving’ sitcK security shall sign a memorandum in writing to that effect, which the said justice shall keep as a part of .the record in the…
2Cited by9 opinions
- Callanan v. Port Huron & Northwestern Railway Co.Michigan Supreme Court · 1886
- Victory Sparkler & Specialty Co. v. PriceMississippi Supreme Court · 1927
- McClaskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1897
- Martin v. KellyMississippi Supreme Court · 1882
- Brabon v. PierceMichigan Supreme Court · 1876
4 more not listed; retrieve them via the Exa API.