Stack v. Smith
Henry Stack v. Adoniram J. Smith, Justice of the Peace
Stack v. Smith, 19 N.W. 968 (Mich. 1884)
Headnotes
Replevin — Election of judgment for value.
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.
Summary
Motion for order to show cause.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
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Per curiam.
If 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.
Motion denied.
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