Smith v. Ihling
Cases that cite this one
6 later published cases cite this decision.
- Harrington v. Gaye (Vt. 1964)
- Havens v. Stiles (Idaho 1902)
- Whipple v. Hill (Neb. 1893)
- Reclamation District No. 535 v. Hamilton (Cal. 1896)
- A. G. Spalding & Bros. v. Bernhard (Wis. 1890)
- Glenn v. Eddy (N.J. 1889)
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
This action was commenced in justice’s court by issuing a summons on a legal holiday, February 22, 1881. On the return day, a motion was made to .quash the proceedings which was denied, a trial was then had and judgment for the plaintiff. The cause was then taken to the circuit on a special aj>peal and the judgment of the justice reversed. The case comes here on writ of error.
The circuit court erred. The issuing of summons is a ministerial act and is not forbidden by the statute.
The judgment of the circuit must be reversed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.