Legal Opinion

Gates v. Comstock

Michigan Supreme Court

Decided May 28, 1897PublishedCited by 9 opinions

Error to Alpena; Kelley, J. Trespass under 2 How. Stat. chap. 272, by Samuel G. M. Gates against Andrew W. Comstock and William B. Comstock, survivors, etc. There was a judgment for plaintiff, and both parties bring error.

1Opinion of the CourtMontgomery, J.

This is an action of trespass on lands, brought under the statute authorizing recovery of treble damages in case of willful trespass. The case was before the court, and is reported in 107 Mich. 546, and was sent back for a new trial. The declaration has since been amended to conform to the requirements of the former opinion, the case again tried, and the plaintiff has recovered a verdict of $2,295, upon which judgment was entered for three times the amount by the circuit judge. The defendants again bring error.

On the last trial the plaintiff’s right to recover for any trespass actually…

2Cases cited6 opinions

  1. Winchester v. CraigMichigan Supreme Court · 1876
  2. Woods v. Gaar, Scott & Co.Michigan Supreme Court · 1892
  3. Lane v. RuhlMichigan Supreme Court · 1894
  4. Howser v. MelcherMichigan Supreme Court · 1879
  5. Snow v. NowlinMichigan Supreme Court · 1880

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
  2. Banish v. City of HamtramckMichigan Court of Appeals · 1968
  3. Ford Motor Co. v. Bradley Transp. Co.Court of Appeals for the Sixth Circuit · 1949
  4. Trustees of Dartmouth College v. International Paper Co.U.S. Circuit Court for the District of New Hampshire · 1904
  5. Longview Fibre Co. v. RobertsCourt of Appeals of Washington · 1970

4 more not listed; retrieve them via the Exa API.

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