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People ex rel. Stortz v. Circuit Judge

The People ex rel. Dorothy Stortz v. The Circuit Judge for Ingham County

People ex rel. Stortz v. Circuit Judge, 38 Mich. 243 (1878)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 23, 1878
Citations
38 Mich. 2431878 Mich. LEXIS 43
Disposition
Denied.
Headnotes
Breach of promise. Breach of promise must be sued for in assumpsit before a justice of the peace if the damages are below $100. Costs go to the defendant when judgment for breach of promise does not exceed $100.
Summary
Mandamus.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Breach of promise is sued for in assumpsit like any other agreement; and no statute has denied jurisdiction over such suits to justices of the peace, whose jurisdiction is exclusive in assumpsit to $100.

It was decided in Strong v. Daniels, 3 Mich., 466 , that where the judgment is for an amount within the jurisdiction of a justice, and not reduced by set-off from a larger sum, or otherwise specially provided for in the statutes concerning costs, the defendant and not the plaintiff is entitled to costs. There is a clerical error in the recital of the statute in that case as reported.

The circuit judge was right in holding that on a judgment for $100, costs should go to defendant.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1878–1879: 11916–1917: 11918–1919: 118782026peak 1878 · 1

Relies on it most ⓘ

  1. Zimmerman v. Miller173 N.W. 364 (Mich. 1919)
  2. Nelson v. People38 Mich. 618 (1878)
  3. Reed v. Overlie158 N.W. 837 (Mich. 1916)

Most recent

  1. Zimmerman v. Miller173 N.W. 364 (Mich. 1919)
  2. Reed v. Overlie158 N.W. 837 (Mich. 1916)
  3. Nelson v. People38 Mich. 618 (1878)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Strong v. Daniels, 3 Mich. 466 (1855) 20

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