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47 Mich. 499

Brion v. Kennedy

Michigan Supreme Court

Decided January 18, 1882

Michigan Supreme Court · decided 1882-01-18

Case made from Kent. Assumpsit, begun before a justice, on an undertaking by Kennedy to become surety for costs in behalf of Asa Finch in a suit brought by Finch against Brion. Plaintiff recovered before the justice, but on appeal judgment was given for defendant.

Good law ✅— No negative treatment on recordhow we know

[Reversed · Decided 1882-01-18

How this case has been cited

Cited by 4 later decisions — most recently November 1928

4 state decisions

1018821890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Graves, O. J.

¶1Whether the security for costs sued on ■was given in the mode described in the statute would be important if the question concerned the right to enter judgment on it on motion. But being sued as a common-law •obligation the point relied on is immaterial. There can be no doubt of its validity as a common-law undertaking. The •consideration was sufficient. It was made to enable the plaintiff in that case to go on against the present plaintiff •and it effected the purpose, and the liability was assumed on request and understandingly. The facts found are conclusive •of the right of action and the court erred in ruling to the ■contrary. The judgment must be reversed and one entered here in favor of the plaintiff for $93.98, the amount of the costs covered by the undertaking, with interest from March •8, 1881, at which time this suit was commenced; it appear*500ing that payment was previously demanded but the date of the demand not being shown.

¶2The plaintiff will recover his costs of both courts.

The other Justices concurred.
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