Miller v. Hahn
Michigan Supreme Court
Error to Macomb; Eldredge, J. Assumpsit by William H. Miller against August R. Hahn to recover moneys paid to defendant, as deputy sheriff, to satisfy an execution issued upon a void judgment.. From a judgment for defendant, plaintiff brings error.
1Opinion of the CourtMontgomery, J.
The questions presented in this case arise upon exceptions to findings of law by the circuit judge. The defendant is a deputy sheriff. On the 6th of March, 1895, an execution regular in form was issued by a justice of the peace, and placed in defendant’s hands. The execution commanded him to make the amount of the recited judgment, with costs and costs of the execution, out of the property of William Miller (the plaintiff in the present action). Defendant, under this writ, made a levy, and seized three horses belonging to plaintiff. Plaintiff thereupon paid to defendant the amount of the…
2Cases cited4 opinions
- Wilson v. WagarMichigan Supreme Court · 1873
- Foster v. WileyMichigan Supreme Court · 1873
- Berringer v. Lake Superior Iron Co.Michigan Supreme Court · 1879
- Ortman v. GreenmanMichigan Supreme Court · 1856
3Cited by3 opinions
- Reinecke v. SheehyMichigan Court of Appeals · 1973
- Reinecke v. SheehyMichigan Court of Appeals · 1973
- Reinecke v. SheehyMichigan Court of Appeals · 1973