Hill v. Robbins
Circuit Court of the 6th Circuit of Michigan
Certiorari from the judgment of a justice of the peace. The declaration is on the common counts in asssumpsit. Plea, general issue, with notice of set off, and that defendant had beeen discharged from his indebtedness by a decree in bankruptcy. The only evidence offered by the plaintiff to prove his account was the deposition of the plaintiff taken before a justice in Ohio.
Read the full summary
Certiorari from the judgment of a justice of the peace. The declaration is on the common counts in asssumpsit. Plea, general issue, with notice of set off, and that defendant had beeen discharged from his indebtedness by a decree in bankruptcy. The only evidence offered by the plaintiff to prove his account was the deposition of the plaintiff taken before a justice in Ohio. It was' objected that the notice of taking the deposition was-not sufficient, but its reception and reading is not made a point of. error in the certiorari affidavit. In the deposition the plaintiff states that he sold and…
1Opinion of the Court
By the Court,
Mitchell, J.
The defendant brings the- case into this Court by certiorari and in his affidavit assigns the follow, ing grounds or causes of error.
1st, That the justice erred in rendering judgment for ,any part of the account that accrued before May 30th, 1868.
2d, That he erred in holding that the omission of plaintiff in the schedule or list of creditors made the decree of discharge of no effect as against him.
3d, That he erred in holding that it was not necessary to prove that the omission was wilfull or fraudulent, and in notholding that such omission is, in law, presumed in…
2Cases cited15 opinions
- Kermott v. AyerMichigan Supreme Court · 1863
- Hyde v. NelsonMichigan Supreme Court · 1863
- Dann v. CudneyMichigan Supreme Court · 1865
- Achey v. HullMichigan Supreme Court · 1859
- Berry v. LoweMichigan Supreme Court · 1862
10 more not listed; retrieve them via the Exa API.