Noble v. Fairs

Michigan Supreme Court

Noble v. Fairs

26 N.W. 158, 58 Mich. 640, 1886 Mich. LEXIS 962

DecidedJanuary 6, 1886

StatusPublished

This text of 26 N.W. 158 (Noble v. Fairs) 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

Noble v. Fairs, 26 N.W. 158, 58 Mich. 640, 1886 Mich. LEXIS 962 (Mich. 1886).

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Opinion

Sherwood, J.

This is an action for mesne profits. The judgment in ejectment was rendered January 31, 1884, in Kent circuit. On the 18th day of June following plaintiff filed in the cause, pursuant to How. Stat. § 7830, a suggestion [641]*641of claim against defendant Charles B. Judd for the mesuo profits of the lot in question, enjoyed by him. The issue joined on this suggestion was tried before Hon. Eobert M. Montgomery, without a jury ; and on tbe 3d day of November, 1881, judgment was rendered in favor of plaintiff and against defendant Judd for $73.63, and costs of suit. It is this judgment that this Court is now asked to reverse.

The facts in this case are so nearly the same as those m the case of Elizabeth Noble v. James Fairs et al., ante, p. 637, decided at the present term of this Court, as to raise no-questions of law not already considered and disposed of in-that case, which clearly rules this; and

The judgment will therefore be affirmed with costs.

Campbell, C. J. and Morse, J. concurred.

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Sherwood, J.

This is an action for mesne profits. The judgment in ejectment was rendered January 31, 1884, in Kent circuit. On the 18th day of June following plaintiff filed in the cause, pursuant to How. Stat. § 7830, a suggestion [641]*641of claim against defendant Charles B. Judd for the mesuo profits of the lot in question, enjoyed by him. The issue joined on this suggestion was tried before Hon. Eobert M. Montgomery, without a jury ; and on tbe 3d day of November, 1881, judgment was rendered in favor of plaintiff and against defendant Judd for $73.63, and costs of suit. It is this judgment that this Court is now asked to reverse.

The facts in this case are so nearly the same as those m the case of Elizabeth Noble v. James Fairs et al., ante, p. 637, decided at the present term of this Court, as to raise no-questions of law not already considered and disposed of in-that case, which clearly rules this; and

The judgment will therefore be affirmed with costs.

Campbell, C. J. and Morse, J. concurred.

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Bluebook (online)

26 N.W. 158, 58 Mich. 640, 1886 Mich. LEXIS 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noble-v-fairs-mich-1886.