54 Mich. 238
Decided June 19, 1884
Michigan Supreme Court · decided 1884-06-19
<p>Replevin — Election of judgment for value.</p> <p>Election to take judgment for value in replevin before a justice, cannot be exercised, as matter of right, after an adjourned day on which the plaintiff discontinued and defendant did not appear.</p>
Decided 1884-06-19
¶1If the relator had appeared on the adjourned day. of the suit, and elected when plaintiff discontinued the suit, to take judgment for the value of the property replevied from him, he would have been entitled to it; but he did not appear there. He could not appear there afterwards and demand that judgment.
¶2Motion denied.