Lothrop v. Southworth
Michigan Supreme Court
Case reserved from Lenawee Circuit. The action below was assumpsit against Mason W. South-worth and Joseph H. Cleveland, upon an injunction bond.
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Case reserved from Lenawee Circuit. The action below was assumpsit against Mason W. South-worth and Joseph H. Cleveland, upon an injunction bond. The declaration set forth that proceedings were commenced July Ilth, 1855, by the plaintiff against the defendant South-worth, before the circuit court commissioner of Lenawee county, under chapter 123 of the Revised Statutes, to recover possession of certain real estate, and that judgment for the plaintiff was therein rendered on July 28th, 1855; that a writ of restitution was issued on said judgment afterwards, to wit, August 31st, 1855; that…
1Opinion of the Court
Martin Ch. J.:
The bond upon which this action was brought was given under the requirements of the statute upon the allowance of an injunction to restrain proceedings at law. In the suit in chancery, a decree had been rendered dismissing the bill, and damages had been assessed against the complainant, and a right of [action had accrued upon the bond. Upon the trial, various objections were taken ¿to the rulings and decisions of the Court, which will be examined in their order.
The objection to the introduction of the writ of restitution was properly overruled. The declaration did not purport to…
2Cited by11 opinions
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- Goebel v. StevensonMichigan Supreme Court · 1876
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