Legal Opinion

Farnam v. Doyle

Michigan Supreme Court

Decided December 3, 1901PublishedCited by 2 opinions

Error to Wayne; Erazer, J. Assumpsit by John Farnam against Patrick M. Doyle on an assigned claim for services rendered. From a judgment for plaintiff, defendant brings error.

1Opinion of the CourtLong, J.

This action was commenced in justice’s court. The summons by which the suit was commenced reads, “John Farnam, assignee of Lawrence Farnam.” Defendant did not appear, and judgment was rendered in favor of plaintiff for $75. Defendant appealed. Shortly after the trial commenced in the circuit court, it was discovered that the declaration- did not aver the assignment, and the court permitted an amendment averring it. The declaration in the justice’s court was not in writing, and the amendment allowed by the court was not reduced to writing. The plaintiff recovered, and defendant brings error.

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2Cases cited3 opinions

  1. Johnston v. Farmers' Fire InsuranceMichigan Supreme Court · 1895
  2. Hoyt v. Wayne Circuit JudgeMichigan Supreme Court · 1898
  3. Dawson v. PetersonMichigan Supreme Court · 1896

3Cited by2 opinions

  1. Chambers v. AndersonCourt of Appeals for the Sixth Circuit · 1932
  2. Bosek v. Detroit United RailwayMichigan Supreme Court · 1913

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