Willing v. Circuit Judge

Michigan Supreme Court

Willing v. Circuit Judge

1 McGrath 656, 1 Doug. 302

DecidedJuly 1, 1844

StatusPublished

This text of 1 McGrath 656 (Willing 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

Willing v. Circuit Judge, 1 McGrath 656, 1 Doug. 302 (Mich. 1844).

Pincite

Opinion

To compel respondent to impanel a jury to assess the value of property replevined on process from Justice Court, where plaintiff had recovered judgment which was reversed by the Circuit Court on certiorari, and at the- next term after the reversal of the judgment defendant moved the Circuit Court for an order that a jury be impaneled to assess plaintiff’s damages.

Denied 1844.

Held, that the Circuit Court had no such power as the mandamus would command it to exercise; that the Circuit Court would have power to award a restitution of the property; that the motion for assessment was made too late, and that the refusal of the Circuit Court to grant a motion for the assessment qí damages by a jusy, was not a proper foundation for the application to this court for a mandamus commanding the Circuit Court to impanel a jury to assess the value of the property replevined

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To compel respondent to impanel a jury to assess the value of property replevined on process from Justice Court, where plaintiff had recovered judgment which was reversed by the Circuit Court on certiorari, and at the- next term after the reversal of the judgment defendant moved the Circuit Court for an order that a jury be impaneled to assess plaintiff’s damages.

Denied 1844.

Held, that the Circuit Court had no such power as the mandamus would command it to exercise; that the Circuit Court would have power to award a restitution of the property; that the motion for assessment was made too late, and that the refusal of the Circuit Court to grant a motion for the assessment qí damages by a jusy, was not a proper foundation for the application to this court for a mandamus commanding the Circuit Court to impanel a jury to assess the value of the property replevined

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Bluebook (online)

1 McGrath 656, 1 Doug. 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willing-v-circuit-judge-mich-1844.