O'Connor v. White
Michigan Supreme Court
Error to Kent; Adsit, J. Summary proceedings by Catherine O’Connor against James White to recover the possession of leased premises. From a judgment for complainant, defendant brings error.
1Opinion of the CourtHooker, J.
The defendant rented premises from the complainant at five dollars per month. When the March rent became due, he was garnished at the suit of a judgment creditor of complainant. The complainant thereupon served the statutory notice, and began proceedings before a commissioner to recover possession of the premises for nonpayment of rent pending the garnishee proceeding; and the commissioner rendered judgment of restitution, which was affirmed on certiorari by the circuit court.
The circuit court seems to have treated the case as one to be heard de novo upon its merits, on the evidence returned…
2Cited by2 opinions
- Wilcke v. DurossMichigan Supreme Court · 1906
- Masser v. the London Operating Co.Supreme Court of Florida · 1932