Cyclopedia of Michigan Practice in Civil Actions at Law in Courts of Record; With Complete Forms Under the Judicature ACT Volume 1

Cyclopedia of Michigan Practice in Civil Actions at Law in Courts of Record; With Complete Forms Under the Judicature ACT Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...damages ascertained in the same manner as in other cases." The plaintiff must establish the same matters as when an issue of fact is joined, and the defendant may in like manner controvert them and make any set-off to which he is entitled, and the jury must assess the damages in the same manner." Upon the return of an inquisition of damages or upon the verdict of the jury in case an issue is joined, the court will render judgment as in actions of assumpsit for use and occupation, and the judgment will have the like effect in all respects." ' 30-1 Proceedings in case of death of plaintifi. If a plaintifi in ejectment dies after issue joined or judgment therein, his personal representatives may enter a suggestion of his death and of the granting of letters testamentary or of administration to them and thereupon suggest their claim for mesne profits in the same manner and with the like effect as the deceased might have done if living, and the same proceedings in all respects will be had thereon." Y 31. Recovery of compensation for buildings and improvements. At the common law, there could be no recovery as against the holder of the title for betterments. They became a part of the freehold and passed by the recovery in ejectment. The plaintiff was placed in possession of the land in its improved condition." In this state, relief is provided by statute in the form, not of a personal judgment against the plaintiff, but by making payment for the betterments a condition precedent to his obtaining possession. So whenever, in an action of ejectment, the plaintiff or any one or more of several plaintiffs, recovers, or recovers any undivided interest in the premises, the defendant or defendants will be allowed...show more

Product details

  • Paperback | 354 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236819713
  • 9781236819710