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50 Mich. 41

Benjamin v. Dodge

Michigan Supreme Court

Decided January 17, 1883

Michigan Supreme Court · decided 1883-01-17

<p>Justice's judgments — Special appeals.</p> <p>A special appeal from a justice’s judgment does not lie where there is no question of jurisdiction and the case is in condition to he re-tried on the merits.</p>

Cited by 1 later decisions — most recently July 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1883-01-17

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Per Curiam.

¶1This is a case of an appeal general and special from the judgment of a justice of the peace in an action of replevin. The special appeal was properly overruled because there was no question of jurisdiction involved, and the case was in a situation to be retried on the merits. As to the proceedings on the general appeal we discover nothing worthy of comment.

¶2The case was fairly submitted to the jury and there is no ground for disturbing their finding-

¶3judgment affirmed with costs.

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