Legal Opinion

Seitz v. Miles

Michigan Supreme Court

Decided April 21, 1868PublishedCited by 8 opinions

Error to Wayne Circuit. This was a complaint for forcible entry and detainer, brought into the Circuit Court for the County of Wayne, by appeal from the decision of T. K. G-illett, a Circuit Court Commissioner for said county. The following is a copy of the complaint: “ STATE OE MICHIGAN, County of Wayne.

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Error to Wayne Circuit. This was a complaint for forcible entry and detainer, brought into the Circuit Court for the County of Wayne, by appeal from the decision of T. K. G-illett, a Circuit Court Commissioner for said county. The following is a copy of the complaint: “ STATE OE MICHIGAN, County of Wayne. Peter L. Miles being duly sworn, makes complaint, and on his oath says, that heretofore, to wit, on the 16th day of November inst., he was in the quiet and peaceable possession of the following described premises, situate in the city of Detroit, in said county, to wit: The lower floor or…

1Opinion of the Court

Graves J.

This is a writ of error to the Circuit Court for the County of Wayne.

The case was originally brought before a Circuit Court Commissioner, under the statute authorizing summary proceedings to recover the possession of land, and was taken to the court below by appeal. The issue was tried by a jury, who returned a verdict for the complainant.

Upon the trial, the defendant insisted that the complaint set up a forcible detainer as well as a forcible entry, and that to recover the complainant must prove both. The complaint states that on the 16th day of November, the complainant was in the…

2Cases cited1 opinion

  1. Willard v. WarrenNew York Supreme Court · 1837

3Cited by8 opinions

  1. Wegner v. LubenowNorth Dakota Supreme Court · 1903
  2. Hoffman v. HarringtonMichigan Supreme Court · 1870
  3. Marsh v. BristolMichigan Supreme Court · 1887
  4. Richter v. CordesMichigan Supreme Court · 1894
  5. Soule v. HoughMichigan Supreme Court · 1881

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