Michigan Supreme Court, 1878

People ex rel. La Barr v. Osborn

Michigan Supreme Court · Decided January 30, 1878

38 Mich. 313; 1878 Mich. LEXIS 70

Cases that cite this one

2 later published cases cite this decision.

Manchure v. Wayside Oil Corp. (Mich. 1932)
McLeod v. Scott (Or. 1891)

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

Per Curiam.

Where a writ of replevin is dismissed *314by a justice, and defendant waives return, he has a right to introduce evidence to prove the value of the property, and mandamus will issue to compel the justice to receive it,' in case, he refuses to allow it. People v. Tripp, 15 Mich., 518; People ex rel. Forbes v. Judge of Washtenaw Circ. Ct., 23 Mich., 497.

■ Costs will not be granted against a party interested who has not been brought before this court by notice, in such a case.

Mandamus granted, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.