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Charles H. Werner & Sons Co. v. Lewis

Charles H. Werner & Sons Co. v. Lewis, 119 N.W. 431 (Mich. 1909)
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Court
Michigan Supreme Court · State Highest Courts
Decided
February 2, 1909
Docket
No. 95
Judges
Blair, Grant, Hooker, Montgomery, Moore
Citations
119 N.W. 431155 Mich. 4501909 Mich. LEXIS 896
Disposition
Affirmed.
Headnotes
Justices of the Peace — Judgment on Note — Sufficiency. In justice’s court, under the statute (section 826, 1 Comp. Laws), the production and presentation in evidence of a promissory note is sufficient to support a judgment for its amount, in the absence of a denial under oath of the execution thereof at the time of pleading.
Summary
Case made from Charlevoix; Mayne, J. Assumpsit by Charles H. Werner & Sons Company against William J. Lewis for the amount of a judgment obtained in justice’s court. There was judgment for plaintiff, and defendant appeals.

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

Opinion of the Court — Grant

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Grant, J.

Plaintiff brought suit in assumpsit in justice’s court against the defendant. Summons was returned personally served. Defendant did not appear. *451 Plaintiff filed a, declaration upon the common counts in assumpsit, and “especially upon a certain promissory note given by the above-named defendant to the above-named plaintiff, under date of November 26, 1895, for $45.89, due in six months, at 7 per cent, interest, and files the note with the court.” After waiting one hour the court rendered judgment for the plaintiff for the amount of the note. This suit is brought upon that judgment.

Defendant objected to the admission of the judgment, because the justice’s docket does not show that evidence was given; that no witnesses were sworn, as required by subdivision 8, § 957, 1 Comp. Laws, which requires the justice to enter upon his docket, among other things, “the names of the witnesses sworn at the request of either party, stating at whose request, the objections, if any, made to the competency of a witness, and the decision thereon.” No evidence was required, further than the production and presentation of the note, under section 826, 1 Comp. Laws, which provides that any written instrument declared upon may be used in evidence upon the trial without proving its execution, unless its execution is denied upon oath at the time of pleading. There was no necessity for the swearing of any witnesses. The case is ruled against the defendant by O’Donnell v. Wade, 151 Mich. 103 .

The judgment is affirmed.

Blair, C. J., and Montgomery, Hooker, and Moore, JJ., concurred.

How later courts describe this case

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

1910: 11913: 119102026peak 1910 · 1

Relies on it most ⓘ

  1. Ensign v. Fogg143 N.W. 82 (Mich. 1913)
  2. Stegeman v. Fraser125 N.W. 769 (Mich. 1910)

Most recent

  1. Ensign v. Fogg143 N.W. 82 (Mich. 1913)
  2. Stegeman v. Fraser125 N.W. 769 (Mich. 1910)

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
O'Donnell v. Wade, 114 N.W. 871 (Mich. 1908) 2

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