Legal Opinion

Howser v. Melcher

Michigan Supreme Court

Decided January 21, 1879PublishedCited by 12 opinions

Error to St. Joseph. Trespass. Defendants bring error.

1Opinion of the CourtGraves, J.

The statute giving summary proceedings to recover the possession of land (Comp. L., ch. 211) contains this section:

“(6717) Seo. 24. The complainant obtaining restitution of any premises under the provisions of this chapter, shall be entitled to an action of trespass, or trespass on the case against the defendant, and may recover treble damages from the time of the forcible entry, or forcible detainer, or of the notice to quit or demand of possession, as the case may be, and all other damages to which he may be entitled.”

Mrs. Meleher having as lessor or as assignee of the lessor recovered…

2Cases cited3 opinions

  1. Bigelow v. JohnsonNew York Supreme Court · 1816
  2. People v. BrooksNew York Supreme Court · 1847
  3. Carpenter v. VailMichigan Supreme Court · 1877

3Cited by12 opinions

  1. Hall v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
  2. Atlantic Coast Line Railroad v. StateSupreme Court of Florida · 1917
  3. Chicago & Northeastern Railroad v. SturgisMichigan Supreme Court · 1880
  4. Lane v. RuhlMichigan Supreme Court · 1894
  5. Gates v. ComstockMichigan Supreme Court · 1897

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