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Jacobson v. Miller

Supreme Court of Michigan
1 N.W. 1013 (1879)


In a prior action, Miller (plaintiff) sued Jacobson (defendant) for payment of rent then due under a written lease. Jacobson did not challenge the execution of the lease, but instead contended that he was not liable because he had not occupied the premises during the period for which rent was claimed. In that action, judgment was entered in favor of Miller. Thereafter, Miller brought this action against Jacobson for subsequent rent payments under the same lease. In this suit, Jacobson denied execution of the lease. At trial, the judge received the prior judgment as conclusive proof of the lease’s execution over Jacobson’s objection. As a result, the trial court entered judgment in favor of Miller. Jacobson appealed.

Rule of Law


Holding and Reasoning (Cooley, J.)

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