Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 1
Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hovey K. Clarke, William Dudley Fuller, Hoyt Post, John Adams Brooks, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Van Buren Denslow, Herschel Bouton Lazell, Marshall Davis Ewell, John L. Stoddard, Edward Gott (A.), Edgar Arthur Cooley, Harry Burns Hutchins, Russell Cowles Ostrander
Phelphs & Stevens, printers, 1852
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affidavit agent alleged appear assignment attorney authority averment bank bill boat or vessel bond Campau cause of action Certified accordingly certiorari chancery Chene Chippewa County circuit court claim clause commenced common law complainants contract conveyance corporation counsel county court court of chancery court of equity creditor debt declaration decree deed defendant demurrer dower entitled equity error evidence execution facts feme covert filed given granted held indictment intended issue judge judgment jurisdiction jury justice land legislature license lien ment mill mortgage object opinion party payment person plaintiff plaintiff in error plea plead possession premises presumption proceedings proof proved purchaser question record recover referred remedy rendered repealed replevin rule says seizin sheriff statute of limitations suit supreme court surety territory of Michigan tion township trial usury verdict void Wayne writ
Side 71 - The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified as the wisdom of the nation shall direct.
Side 15 - If the premises for which the action is brought, are actually occupied by any person, such actual occupant shall be named defendant in the declaration ; if they are not so occupied, the action must be brought against some person exercising acts of ownership on the premises claimed, or claiming title thereto, or some interest therein, at the commencement of the suit.
Side 141 - If any person authorized by any statute of this state to take perjury. an oath, or if any person of whom an oath shall be required by law, shall wilfully swear falsely, in regard to any matter or thing, respecting which such oath is authorized or required, such person shall be deemed guilty of perjury, and shall be punished by imprisonment . in the state prison as provided in the preceding section.
Side 2 - ... part of the personal estate ; and this law relative to descents and dower, shall remain in full force, until altered by the legislature of the district.
Side 499 - But when the subject matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless disproved by that party. Such is the case in civil or criminal prosecutions for a penalty for doing an act which the statutes do not permit to be done by any persons, except those who are duly licensed therefor ; as, for selling liquors, exercising a trade or profession, and the like. Here the party, if licensed, can immediately show it without the least...
Side 219 - French, did then and there feloniously and willfully kill, contrary to the form of the statute in such case made and provided, and against the peace of the people of the state of New York and their dignity.
Side 45 - ... not a sufficient acknowledgment of the debt to take it out of the statute, since it did not involve an express or implied promise to pay the debt.
Side 15 - Defendant moved to set aside the verdict, and for a new trial, on the following grounds: 1st.