Michigan Supreme Court, 1868

People ex rel. School District No. 1 v. Ryan

People ex rel. School District No. 1 v. Ryan
Michigan Supreme Court · Decided July 8, 1868
17 Mich. 159; 1868 Mich. LEXIS 49
People ex rel. School District No. 1 v. Ryan

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

The Court held that the return was satisfactory and sufficient, and that it was the proper return to be made under the circumstances; and that the old common law rule as to such returns had been abolished by this court, and there was no practical difficulty in framing proper issues from such a ruling under the practice of this court, as no right to a writ could exist, unless the facts should be either admitted or proved, and a party can not be compelled, under oath, to admit or deny what he has no means of knowing with certainty.

Ordered, that the cause be sent down to Houghton Cir-‘ Quit to be tried on such issue.

Motion denied.

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