¶1The judgment of the circuit court must be affirmed with costs. It appears from the return of the justice to the writ of certiorari, that he issued the writ of replevin before any bond had been filed with and approved by him; and his approval- on the following day, after an additional surety had signed, if such could be called an approval, was under a misapprehension of the facts. The statute, § 5294, would not prevent the defendant from taking exceptions to sureties signing under ■such circumstances.
42 Mich. 541
Johnson v. Stilson
Decided January 23, 1880
Michigan Supreme Court · decided 1880-01-23
Replevin. The writ was issued late at night, and as the justice who issued it objected to the surety offered, the petitioner for the writ promised to produce another next day. The latter appeared and signed the bond, and the justice, understanding him to say that he was worth $200 subject to execution, indorsed his certificate of qualification.
Decided 1880-01-23