Smith v. Circuit Judge

Michigan Supreme Court

Smith v. Circuit Judge

1 McGrath 739, 46 McGrath 338

DecidedJune 22, 1881

StatusPublished

This text of 1 McGrath 739 (Smith 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

Smith v. Circuit Judge, 1 McGrath 739, 46 McGrath 338 (Mich. 1881).

Pincite

Opinion

To set aside a sale, levy, execution and judgment, upon a transcript of judgment by á justice, because (1) the cause was commenced before R. justice, but was tried before F. justice, [742]*742the following entry appearing in the docket: “On account of sickness W. Fox tries this suit. S. R. Rockwell, J. P.,” and the parties having appeared before F. the cause was tried without objection upon the merits,' and (2) no separate affidavit of amount due was filed with the transcript, but the affidavit filed with the justice, on the day before, set forth the amount due.

Denied June 22, 1881.

Free access — add to your briefcase to read the full text and ask questions with AI

To set aside a sale, levy, execution and judgment, upon a transcript of judgment by á justice, because (1) the cause was commenced before R. justice, but was tried before F. justice, [742]*742the following entry appearing in the docket: “On account of sickness W. Fox tries this suit. S. R. Rockwell, J. P.,” and the parties having appeared before F. the cause was tried without objection upon the merits,' and (2) no separate affidavit of amount due was filed with the transcript, but the affidavit filed with the justice, on the day before, set forth the amount due.

Denied June 22, 1881.

Cite This Page — Counsel Stack

Bluebook (online)

1 McGrath 739, 46 McGrath 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-circuit-judge-mich-1881.