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23 Mich. 337

Howerter v. Kelly

Michigan Supreme Court

Decided July 13, 1871

Michigan Supreme Court · decided 1871-07-13

Case made after judgment from Berrien Circuit. •This was an action of replevin, brought by Howerter against Kelly, to recover a horse and harness. The writ was dated September 30, 1869, and was tested in the name of Charles Hpson, circuit judge of tbe 15th judicial circuit.

Cited by 2 later decisions — most recently May 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-07-13

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The Court

¶1held that when a request in writing for a special finding is filed in such a cause, the circuit judge must *339make suck finding, and his failure so tó do is error; and that the writ was properly tested in the name of Judge Upson.

¶2Judgment reversed and the case remanded to the court below for further proceedings.

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