Farmers' Loan & Trust Co. v. St. Clair
Michigan Supreme Court
Error tó Marquette Circuit. This is replevin, brought by plaintiff in error to recover possession of a train of cars and locomotive seized by defendant in error as town treasurer, for taxes assessed upon the lands of the Marquette, Houghton & Ontonagon Railroad Company for the year 1873. Plaintiff in error claimed title as mortgagee of the railroad company.
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Error tó Marquette Circuit. This is replevin, brought by plaintiff in error to recover possession of a train of cars and locomotive seized by defendant in error as town treasurer, for taxes assessed upon the lands of the Marquette, Houghton & Ontonagon Railroad Company for the year 1873. Plaintiff in error claimed title as mortgagee of the railroad company. The cause was tried by jury and the defendant recovered a verdict and judgment, but the verdict failed to specify the amount of the defendant’s lien or interest.
1Opinion of the Court
The Court
held that the verdict was clearly irregular under the statute, in that it failed to find the amount of defendant’s lien or interest.
Judgment reversed, with costs, and a new trial granted.
2Cited by3 opinions
- George R. Barse Live Stock Commission Co. v. AdamsCourt Of Appeals Of Indian Territory · 1899
- Johnson v. GlaspeyNorth Dakota Supreme Court · 1907
- O'Neill v. ThompsonMichigan Supreme Court · 1908