Wixom v. Stephens
Michigan Supreme Court
Error to Genessee Circuit. This was an action of assumpsit upon a promissory note. The pleadings and the facts of the case are stated in the opinion. Judgment was rendered for plaintiff below. 1. The Justice, E. LaKue, before whom the suit was originally commenced, had jurisdiction of the case, and the plaintiffs appeared by their attorneys.
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Error to Genessee Circuit. This was an action of assumpsit upon a promissory note. The pleadings and the facts of the case are stated in the opinion. Judgment was rendered for plaintiff below. 1. The Justice, E. LaKue, before whom the suit was originally commenced, had jurisdiction of the case, and the plaintiffs appeared by their attorneys. The note haying-been given in the firm name of Stephens & Beatty, there was nothing in the process or pleadings in the case to notify the defendant, Isaac Wixom, Jr. or his attorney, that the suit was not commenced in the true name of the plaintiffs. The…
1Opinion of the Court
Cooley Oil J.
Stephens and Beatty brought suit in the court below against the Wixoms, upon a promissory note made by them *522and payable to the order of the plaintiffs. The declaration was upon the common counts, with a copy of this note attached, and it also contained a special count setting forth that the plaintiffs, by the name of James Stephens and James Beatty, had recovered judgment on this note against the defendants, before a Justice of the Peace, which judgment still remained .unsatisfied and in force. The count, however, showed that only one of the defendants was served with process in…
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