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109 Mich. 154

Fitzhugh v. Rivard

Michigan Supreme Court

Decided April 21, 1896

Michigan Supreme Court · decided 1896-04-21

Replevin by Charles Eitzhugh, Jr., and another, against Leander Rivard. From a judgment for plaintiffs on verdict directed by the court, defendant brings error.

Cited by 1 later decisions — most recently December 1900

1 state decisions

Relies on Waldron v. Palmer

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1896-04-21

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Montgomery, J.

¶1Defendant in this case relied upon a judgment rendered by a justice of the peace. The docket entry showed that the cause was adjourned for six days, without stating the place to which the same was adjourned. The case is ruled by Waldron v. Palmer, 104 Mich. 556. It is sought to distinguish this case from that, on the ground that in the present case the defendant in the case before the justice understood that the case was to be heard at the office of the justice. It is sufficient to say that, although the court assumed this to be the' fact, no proof was offered to show it. We do not mean to intimate that the docket entry could be supplemented in a jurisdictional matter by such proof, if offered.

¶2The judgment is affirmed.

Grant, Hooker, and Moore, JJ., concurred. Long, O. J., did not sit.
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