Miller v. Siden

Michigan Supreme Court

Miller v. Siden

242 N.W. 823, 259 Mich. 19, 1932 Mich. LEXIS 908

CourtMichigan Supreme Court

DecidedJune 6, 1932

DocketDocket No. 12, Calendar No. 35,923.

StatusPublished

Cited by15 cases

This text of 242 N.W. 823 (Miller v. Siden) 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

Miller v. Siden, 242 N.W. 823, 259 Mich. 19, 1932 Mich. LEXIS 908 (Mich. 1932).

Pincite

Opinions

Fead, J.

Plaintiff, claiming right of possession of a certain boiler, as mortgagee in a chattel mortgage given for its purchase price, filed a petition under the declaratory judgment law (3 Comp. Laws 1929, § 13903 et seq.), to recover possession from defendant, who claims to be the owner free of the mortgage.

The proper action is replevin. The proceeding for declaratory judgment is not a substitute nor alternative for the common-law actions. Village of Grosse Pointe Shores v. Ayres, 254 Mich. 58, 62.

Judgment for plaintiff reversed, without new trial, and without prejudice to bring the proper action. As the point -was not raised, no costs will be ordered.

Clark, C. J., and McDonald, Sharpe, North, Wiest, and Butzel, JJ., concurred with Fead, J.

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