Chilson v. Circuit Judge

Michigan Supreme Court

Chilson v. Circuit Judge

1 McGrath 620, 60 McGrath 235

DecidedFebruary 16, 1886

StatusPublished

This text of 1 McGrath 620 (Chilson v. Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chilson v. Circuit Judge, 1 McGrath 620, 60 McGrath 235 (Mich. 1886).

Pincite

Opinion

To compel respondent to order a trial upon a plea to the jurisdiction of the justice, from whose judgment relator had appealed, the plea being that the value of property replevined was $200, and therefore the justice had no jurisdiction.

Denied February 16, 1886.

Held, that the jurisdiction of a justice, in replevin, attaches according to the claim in the affidavit, and having attached continues to judgment at least up to five hundred dollars, and that a plea in abatement is not necessary to destroy the jurisdiction of a justice depending upon the amount in controversy, if shown on the trial to be excessive.

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To compel respondent to order a trial upon a plea to the jurisdiction of the justice, from whose judgment relator had appealed, the plea being that the value of property replevined was $200, and therefore the justice had no jurisdiction.

Denied February 16, 1886.

Held, that the jurisdiction of a justice, in replevin, attaches according to the claim in the affidavit, and having attached continues to judgment at least up to five hundred dollars, and that a plea in abatement is not necessary to destroy the jurisdiction of a justice depending upon the amount in controversy, if shown on the trial to be excessive.

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Bluebook (online)

1 McGrath 620, 60 McGrath 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chilson-v-circuit-judge-mich-1886.