DEFINiTION - Assumpsit - an oral or written agreement, contract, or promise that exists without being on the record or under seal
DEFINITION - Replevin is a civil action to recover a piece of personal property that a person refuses to return to you. In a replevin action, you must prove a legal right to the possession of the property, such as ownership of it, and that the defendant has wrongful possession of the property.
A replevin action may also be filed to recover certain stolen property that is in the possession of a "second hand dealer" such as a pawn shop, consignment shop, or garage sale operator. A replevin action may also be filed for return of stolen property from a "secondary metals recycler".
The circuit court began its session in this city Tuesday afternoon, and cases have been disposed of as follows:
Silas Slaght, vs. The G. R. & I. R. R. Co., Tresspass on the case. Settled.
John Crowley, vs. The G. R. & I. R. R. Co. Settled
Frederick Misner vs. John M. Crocker, et. al, Replevin. Countermaned.
Cyrus J. Hood, appellant, vs. John Hahn, appellee. Settled.
James M. Lane vs. Oliver Seaman, Replevin. Countermaned.
Lester C. Hodskey, vs. Nathan H. Vincent, Replevin. Settled.
Watson C. Connant, vs. Albert C. Hunt, Assumpsit. Countermaned
Tioga Manufacturing Co., vs. Geo. W. Robson, Case Countermaned
John M. Gibson, vs. Colton Carpenter, slander. Defendant ordered to file security for costs within 60 days.
The jury in the case of Dr. Wood was called, but Wood's attorney challenged the array of said jury on the ground that the panel contained 8 men from the different wards of the city of Big Rapids in each of which the supervisor made up the list and forwarded it to the county clerk, as in former years, wheras the legislature of 1879 amended the law, addijng a provision that in cities the supervisor and aldermen shall jointly make up such list. Judge Brown sustained the challenge and the jurymen were excused for the term. Thus all the criminal cases go over to next term, and on the Judge's announcement of his decision, Dr. Wood apparently breathed easier.
Justice Fuller had an amusing case on his docket last week. A woman entered complaint against her husband for assault and battery, and the tyrant was duly brought in to court. He plead "not guilty," and the court, deciding to adjourn this case, fixed his bail at $200. He went out to get a bondsman and soon returned with his exasperated wife, who had magnanimously consented to become his security. This feature of the case amused his Honor, whoi gave both of them a piece of his mind and sent them home to fight it out or do better.
The case of W. C. Conant, for setting the Mason House fire, was called in the circuit court last week, and his attorneys asked for a continuance, basing said application upon the affidavit of two physicians (Wood and Hendryx), which certified that Mr. Conant was sick and unable to leave his bed; whereupon the judge suggested to the attorneys that they would need to amend said affidavit, as he observed the defendent present in the court room, then and there. The case was continued, and Conant was out next day shooting pigeons.
CIRCUIT COURT PROCEEDINGS
The people vs. Watson C. Conant.
Frederick Pustel vs. Andrew Herbstrat, Assumpsit, Judgement for plaintiff, $1,077.17.
Johnson Burgess, appelle, vs. Daniel F. Comstock, appellant. Motion for security for costs. Dismissed with costs and an attorney fee of $5 to plaintiff.
Jacob Seligman, et al., vs. Lewis Sutton. Judgement for plaintiff, $16.90.
La Flora S. Baker vs. Charles French, Foreclosure Decree granted for $745.34 and sale ordered.
Nannie W. Metcalf, vs. Ardina G. Cluck, Foreclosure Decree granted for $711.15 and sale ordered.
Darius S. Ayers vs. Mary L. F. Eastman; Electment. Judgement for defendant.
Robert Powers vs. Nelson Ganong; Assumpsit. Judgement for plaintiff $137.33.
The January term of the circuit court commenced at the opera house yesterday at 10 o'clock A.M. Judge Russell presiding. The forenoon session was occupied by a formal call of the calendar, and the motion for a transfer of the care of Dr. Fred B. Wood, charged with the crime of rape, to the Ionia circuit occupied the most of the afternoon session and is being argued as we go to press. In support of their motion Dr. Woods attorneys are urging statements of the Current as reasons why the case should be transferred, and by quoting only detached sentences together with the use of affidavits which we know to be false they are making out quite a case for their side.
7 June 1882 - Circuit Court - Big Rapids Current Newspaper
The adjourned term of the circuit court began at the court room last Wednesday, Judge Judkins of Hersey presiding. The following cases have been disposed of as stated:
People vs. John Archie, larceny. Verdict of not guilty.
Hannah A. Evarts vs. Elbert Thrall, ejectment. Taken under advisement.
Geo. W. Fairfield et al. vs. Theron W. Barbour et. al., specific performances of contract. Proofs submitted and arguments postponed until June 23, to be submitted to the judge at his office in Hersey.
Estella Buck vs. Edwin Buck, divorce. Decree granted.
Wm. Perry vs. C. P. Ives, notion for entry of judgement. Motion demied with costs.
Peole vs Buck and Chadwick. Respondents discharged from custody.
The jury was discharged Thursday evening until Monday morning.