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39 Mich. 132

Berend v. Avert

Michigan Supreme Court

Decided June 21, 1878

Michigan Supreme Court · decided 1878-06-21

<p>Justice’s courts — Discontinuance.</p> <p>The practice of allowing judgment on bills or notes to be taken against part of the defendants is not authorized in justices’ courts.</p>

Decided 1878-06-21

Marston, J.

¶1This case is disposed of by Anderson v. White, ante, p. 130, decided at the present term, the only difference being that the action in this case was brought in justice’s court, while the other was in the circuit. There is no statute permitting in justices’ courts the course of practice adopted in this case.

¶2The judgment of the circuit reversing the judgment rendered in the justice’s court must be affirmed with costs.

The other Justices-concurred.
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