Conrad v. Bitroff

Decided July 15, 1870

Wayne Circuit Court · decided 1870-07-15

This action was trespass de bonis asjiorlatis, commenced before a Justice of the Peace, for the unlawful taking and selling of a buggy. The case was appealed to the Wayne Circuit Court, and tried by a jury. On the trial of said cause the counsel for plaintiff gaveevidence . tending to prove that one Augustus Schuferdt, by the direction of the defendant, took and sold the buggy in question against the will of the plaintiff.

Decided 1870-07-15

¶1By the Court,

Patchin, J.

¶2It is conceded that the judgment on which the execution in question was issued wasinvalid because of the irregular adjournment, but it was claimed by the counsel for defendant that the judgment could not be attacked collaterally, and I so held in the trial before t.he jury.

¶3The case in 1 Douglass, I think settles the question conclusively, that when the justice has not jurisdiction to render the judgment it may be attacked collatteraily. Therefore the refusal to charge the jury as requested was wrong, and the motion for a new trial must be granted.