Detroit, Hillsdale & Indiana Railroad v. Forbes
Michigan Supreme Court
Error to Hillsdale Circuit. *Forbes brought bis action of assumpsit against the company before a justice, and the defendant not appearing on the trial, recovered judgment, which was taken by appeal to the circuit court of Hillsdale county.
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Error to Hillsdale Circuit. *Forbes brought bis action of assumpsit against the company before a justice, and the defendant not appearing on the trial, recovered judgment, which was taken by appeal to the circuit court of Hillsdale county. The declaration in the justice’s court set forth that “ on the 1st November, 1870, the said defendants, in consideration that tbe plaintiff had conveyed to them the right of way for the railroad track across certain lands of said plaintiff, undertook and promised to move a certain barn of said plaintiff thereon situated, and to put .the said barn, and the…
1Opinion of the CourtChristiancy, J.
There was no error in allowing the plaintiff below to* amend his declaration at the commencement of the trial, when the objection was made that it disclosed no cause of action. The only substantial change made by the amendment was to make the statement of the consideration of the defendant’s promise executory, instead of an executed consideration, that “plaintiff would convey,” instead of-“had conveyed.” The defendant could not possibly, from the nature of the case, have been misled, or taken by surprise. And the court was correct, also, in refusing the time to plead as fixed by rules of…
2Cited by10 opinions
- Pratt v. DavisMichigan Supreme Court · 1895
- Thorbahn v. Walker's EstateMichigan Supreme Court · 1934
- Netherlands American Mortgage Bank v. Eastern Railway & Lumber Co.Washington Supreme Court · 1927
- St. Clair Tunnel Co. v. St. Clair Circuit JudgeMichigan Supreme Court · 1897
- Ramsey v. WahlTexas Commission of Appeals · 1921
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