Legal Opinion

Wheeler v. Wilkins

Michigan Supreme Court

Decided July 12, 1869PublishedCited by 10 opinions

Case made from Cass Circuit. This was an. action of Replevin brought by Daniel Wheeler against Perry Wilkins. The writ was executed by the Sheriffs Deputy who returns — “I delivered the goods and chattels so replevied to the said Daniel Wheeler, he having first executed to the Deputy Sheriff of said County the required bond under the statute with Nathan Phillips and Levi Henderson of said County securities and I do also further return that on the 22nd day of June aforesaid…

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Case made from Cass Circuit. This was an. action of Replevin brought by Daniel Wheeler against Perry Wilkins. The writ was executed by the Sheriffs Deputy who returns — “I delivered the goods and chattels so replevied to the said Daniel Wheeler, he having first executed to the Deputy Sheriff of said County the required bond under the statute with Nathan Phillips and Levi Henderson of said County securities and I do also further return that on the 22nd day of June aforesaid according to the command of said .writ, I summoned the within named Perry Wilkins by delivering a certified copy of said…

1Opinion of the CourtCampbell, J.

This cause is brought up on case made after judgment for damages in favor of a defendant in replevin, the plaintiff having had judgment of discontinuance rendered against him.

It is objected that the case is not properly authenticated, and that the remedy is not adapted to review the judgment.

The return is very slovenly and requires some indulgence to give it a very satisfactory standing. But we think it appears unmistakably to have been intended for a case made. It is certified to have been settled and signed by the Judge, and as we must assume his official acts to have *80some meaning, there is…

2Cited by10 opinions

  1. Westbrook v. MillerMichigan Supreme Court · 1885
  2. First Nat. Bank of Mill Creek v. EllisSupreme Court of Oklahoma · 1911
  3. State v. DevineWashington Supreme Court · 1893
  4. Adams v. ChampionMichigan Supreme Court · 1875
  5. Massillon Engine & Thresher Co. v. HubbardSouth Dakota Supreme Court · 1898

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