Friday, December 27, 2013

Jacobson v. Miller case brief

Jacobson v. Miller case brief summary
1 N.W. 1013 (1879)

CASE SYNOPSIS
Defendant appealed the decision of the Circuit Court for the County of Kent (Michigan) entering judgment in favor of plaintiff regarding suit for unpaid rent after admitting files and verdict of a prior suit between parties regarding unpaid rent to conclusively establish that a lease was executed between the parties.

CASE FACTS
Plaintiff sued defendant to recover unpaid rent. Defendants did not deny the execution of the lease earlier in proceedings so they could not deny the execution of the lease at trial. Judgment was entered in favor of the plaintiff. Plaintiff again sued to recover unpaid rent. Defendant denied executing the lease, and plaintiff was required to prove the execution of the lease. Plaintiff offered the files and verdict of the former case as evidence of the lease's execution. Judgment was again entered in favor of the plaintiff. Defendant appealed.

DISCUSSION
The judgment was reversed because the execution of the lease was not denied in the former suit, thus the execution of the lease was not considered by the court, and therefore, the prior court proceedings could not be used as conclusive evidence that the lease was executed.

CONCLUSION
Judgment was reversed because the execution of the lease was not denied in the former suit, thus the execution of the lease was not considered by the court, and, therefore, the prior court proceedings could not be used as conclusive evidence that the lease was executed.

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