Parsell v. Genesee Circuit Judge
Michigan Supreme Court
Goods were taken from Parsell under a writ of replevin that did not describe them, the only description being in the affidavit annexed. The writ was accordingly quashed as void, and Parsell waived return and asked an assessment of damages, which was refused for want of jurisdiction, the writ being void. He applied for mandamus to compel an assessment.
1Opinion of the Court
Replevin — Assessment of damages.
Whore, on motion of the defendant in replevin, the writ has been quashed as void for not describing the property seized, the defendant cannot have an assessment of damages, which is confined by Comp. L., §§ 6758-9, to eases where “the property specified in the writ” has been delivered to the plaintiff, and can cover no other property.
' Mandamus.
Denied October 31.
The writ was denied.
2Cited by3 opinions
- Humphrey v. BaynMichigan Supreme Court · 1881
- State ex rel. Savage v. LettonNebraska Supreme Court · 1898
- Simmons v. RobinsonMichigan Supreme Court · 1894