People ex rel. Stortz v. Circuit Judge
Cases that cite this one
2 later published cases cite this decision.
- Reed v. Overlie (Mich. 1916)
- Nelson v. People (Mich. 1878)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.