People ex rel. La Barr v. Osborn
This text of 38 Mich. 313 (People ex rel. La Barr v. Osborn) 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
Where a writ of replevin is dismissed [314]*314by a justice, and defendant waives return, he has a right to introduce evidence to prove the value of the property, and mandamus will issue to compel the justice to receive it,' in case, he refuses to allow it. People v. Tripp, 15 Mich., 518; People ex rel. Forbes v. Judge of Washtenaw Circ. Ct., 23 Mich., 497.
■ Costs will not be granted against a party interested who has not been brought before this court by notice, in such a case.
Mandamus granted, without costs.
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Cite This Page — Counsel Stack
38 Mich. 313, 1878 Mich. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-la-barr-v-osborn-mich-1878.