People ex rel. Forbes v. Judge of the Washtenaw Circuit Court
This text of 23 Mich. 497 (People ex rel. Forbes v. Judge of the Washtenaw Circuit Court) 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.
Opinion
This motion is not to be distinguished in any essential feature from People v. Tripp, 15 Midi., 518.
When the service of the writ was set aside, the case was at an end, as the return day had passed, and there could be no further service. This amounts, in legal effect, to a discontinuance of the cause. The statute clearly provides in such a case that a party defendant, whose property is taken, may waive a return; and in such a case he is entitled to his assessment of damages. The property having been taken under the writ, the court, whoso process was used, must have power to redress the mischief, and could order a return. But the statute allows the defendant, if he chooses, to take judgment for its value.
The writ is allowed, with costs against the plaintiff in replevin.
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Cite This Page — Counsel Stack
23 Mich. 497, 1871 Mich. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-forbes-v-judge-of-the-washtenaw-circuit-court-mich-1871.