Wetmore v. Dean

Michigan Supreme Court

Wetmore v. Dean

103 N.W. 166, 139 Mich. 627, 1905 Mich. LEXIS 985

CourtMichigan Supreme Court

DecidedApril 21, 1905

DocketDocket No. 107

StatusPublished

Cited by1 cases

This text of 103 N.W. 166 (Wetmore v. Dean) 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

Wetmore v. Dean, 103 N.W. 166, 139 Mich. 627, 1905 Mich. LEXIS 985 (Mich. 1905).

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Opinion

Moore, C. J.

The plaintiff obtained judgment in justice’s court against defendant. The case was removed to the circuit court by certiorari, where the judgment was reversed. The case is brought here by writ of error. There were a good many reasons assigned in the affidavit for the writ why the judgment should be set aside. An inspection of the record shows that each of these reasons was fully answered by the return of the justice. This return must be regarded as conclusive. Young v. Kelsey, 46 Mich. 414; Rawson v. McElvaine, 49 Mich. 194; Mann v. Tyler, 56 Mich. 564; People v. Hux, 68 Mich. 477. We think, instead of reversing the judgment of the justice, it should have been affirmed.

Judgment is reversed, and the judgment rendered in justice’s court is affirmed, with costs of both courts.

Carpenter, Grant, Blair, and Hooker, JJ., concurred.

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Moore, C. J.

The plaintiff obtained judgment in justice’s court against defendant. The case was removed to the circuit court by certiorari, where the judgment was reversed. The case is brought here by writ of error. There were a good many reasons assigned in the affidavit for the writ why the judgment should be set aside. An inspection of the record shows that each of these reasons was fully answered by the return of the justice. This return must be regarded as conclusive. Young v. Kelsey, 46 Mich. 414; Rawson v. McElvaine, 49 Mich. 194; Mann v. Tyler, 56 Mich. 564; People v. Hux, 68 Mich. 477. We think, instead of reversing the judgment of the justice, it should have been affirmed.

Judgment is reversed, and the judgment rendered in justice’s court is affirmed, with costs of both courts.

Carpenter, Grant, Blair, and Hooker, JJ., concurred.

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Bluebook (online)

103 N.W. 166, 139 Mich. 627, 1905 Mich. LEXIS 985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wetmore-v-dean-mich-1905.

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