Watson v. Watson

Decided January 11, 1882

Michigan Supreme Court · decided 1882-01-11

Case made from Kent. Case, begun by capias ad, respondendum, plaintiff setting forth in her affidavit that her father, whose name was Snell, had died when she was five years old; that her mother had re-married and died; that her stepfather, who was poor, had cared for her until she was twelve, when she was taken by defendant and his wife to live with them; that defendant was represented to be a wealthy and honest farmer, with no children; that at his request and with the…

Cited by 2 later decisions — most recently October 1921

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1882-01-11

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Per Curiam.

¶1The judgment entered put an end to the action, and the objection that it is not subject to review on case made is not tenable. The defendant moved on affidavit to set aside the writ by which the suit was commenced on the ground that the name assumed by the plaintiff was not the true one, and the court entertained the motion and set the writ aside and then entered the judgment complained of. The proceeding was irregular.

¶2The objection, if it had any foundation, was required to be raised by plea and it was error to decide the question on motion.