Stack v. Smith

Michigan Supreme Court

Stack v. Smith

1 McGrath 653, 54 McGrath 238

DecidedJune 17, 1884

StatusPublished

This text of 1 McGrath 653 (Stack v. Smith) 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

Stack v. Smith, 1 McGrath 653, 54 McGrath 238 (Mich. 1884).

Pincite

Opinion

To compel respondent to take testimony as to value and enter judgment therefor in favor of defendant, in a replevin suit which was discontinued by plaintiff on the adjourned day, defendant not appearing.

Denied June 17, 1884.

Held, that if relator had appeared at the time and elected to-take judgment for the value, he would have been entitled to it, but he could not appear afterwards and demand such judgment.

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To compel respondent to take testimony as to value and enter judgment therefor in favor of defendant, in a replevin suit which was discontinued by plaintiff on the adjourned day, defendant not appearing.

Denied June 17, 1884.

Held, that if relator had appeared at the time and elected to-take judgment for the value, he would have been entitled to it, but he could not appear afterwards and demand such judgment.

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Bluebook (online)

1 McGrath 653, 54 McGrath 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stack-v-smith-mich-1884.