PROCEDURE-CONTEMPT AS SANCTION TO ENFORCE DELIVERY IN REPLEVIN

Authors

John A. Nordberg, University of Michigan Law SchoolFollow

Abstract

In a replevin action in a common pleas court the plaintiff, after filing a $200 bond for property later valued at $900, obtained possession of some household goods of the defendant under a fatally defective writ. On motion of the defendant the court dismissed the action and ordered the property returned. On appeal, plaintiff's action was again dismissed and he was directed to return defendant's goods. He ignored the order and was adjudged guilty of contempt. On appeal in the nature of certiorari from this conviction, held, reversed without prejudice. The order was void since the court had lost jurisdiction through error. However, the plaintiff might be found in contempt if he disobeys a further order. Where there is no other adequate remedy for a defendant who is deprived of his property through a void process, the court has power to enforce by contempt the return of the replevied goods by the plaintiff. Burton v. Wayne Court Judge, 325 Mich. 159, 37 N.W. (2d) 899 (1949).

Recommended Citation

John A. Nordberg, PROCEDURE-CONTEMPT AS SANCTION TO ENFORCE DELIVERY IN REPLEVIN, 48 Mich. L. Rev. 377 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss3/19