Raynor v. Nims
Michigan Supreme Court
Error to Ingham. Trespass. Raynor, having a writ of restitution under a judgment of foreclosure against the premises occupied by Nims, dispossessed the latter by putting him and his family and goods out of doors in cold weather. The jury found that Raynor had no right to the possession of the premises and gave Nims a verdict for two hundred and sixteen dollars and seventy-five cents. Raynor brought error.
1Opinion of the CourtMarston, J.
This was an action of trespass brought against Raynor for entering upon certain premises and forcibly removing Nims, his family and goods from the dwelling house and premises in December, 1874.
The only question raised relates to that part of the charge which instructs the jury “that in view of all the circumstances surrounding the commission of the trespass alleged, in case they found a verdict for the plaintiff, they might add to the actual, exemplary damages” without defining or explaining what exemplary damages were, and without submitting to the jury the question of malice at all, and in…
2Cases cited2 opinions
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