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18 Mich. 195

Ryerson v. Eldred

Michigan Supreme Court

Decided April 6, 1869

Michigan Supreme Court · decided 1869-04-06

<p>Writ of assistance, when to issue from Circuit Court. When a decree was made in this Court,- requiring the complainant to deliver up the possession of certain premises, and the cause was remitted to the court helow for the purpose of an accounting — Beld, that the application for a writ of possession must he made in the court helow.</p>

Cited by 1 later decisions — most recently November 1900

Good law ✅— No negative treatment on recordhow we know

Decided 1869-04-06

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¶1In this case, a decree was made at the January term of this court, requiring the complainant to deliver to Samuel D. Eldred the possession of certain real estate which was in controversy, and the cause was remitted to the court below, for the purpose of an accounting between the parties.

¶2Mr. Lothrop now moved, — on papers showing that complainant refused to deliver possession of the premises, — for an order for a writ of assistance. •

¶3*196The Court denied the motion; holding that the cause haying been remitted to the court below, the application could only be made in that court.

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