62 Mich. 147 | Mich. | 1886
David Jacobson and Jacob Netzorg, residents of Greenville, in the county of Montcalm, brought suit against George W. Graham, the relator, then sheriff of Clare county, in trover, in the circuit court for the county of Montcalm, to recover for the value of certain goods and chattels owned by Zemon & Sable (merchants in business in Clare county), which goods and chattels had been seized by said Graham us sheriff of Clare county, and in that county, under writs' ■of attachment sued out by certain creditors of said Zemon <& Sable. Jacobson and Netzorg held a chattel mortgage executed to them upon the goods sued for, and filed properly before the issuing of said attachments.
The cause came on for trial, and the plaintiffs, to maintain their suit, gave evidence tending to show that, at the time of the commencement of said suit, and for several years
They then rested their case.
Defendant’s counsel then raised the point that, inasmuch as the facts showed that the property was, at the time of such seizure, within the county of Clare, and that the relator was then sheriff of Clare county, and acting under process issued out of the circuit court of that county, the action in Montcalm connty was prohibited by section 7549 of Howell’s Statutes.
The respondent, circuit judge, held the point well taken, discharged the jury, and entered a judgment of discontinuance in the cause as provided by said section.
A motion was subsequently made by plaintiffs’ counsel to vacate and set aside said judgment, which motion, upon notice and hearing of the same, was granted.
The relator asks that the order so made be vacated, and the original judgment of discontinuance restored.
•The statute reads as follows:
“In suits against public officers, or against any person specially appointed to execute the duties of such officers, for any act done by them by virtue of their offices, respectively, and in suits against other persons, who, by the command of such officers, or in their aid or assistance, do anything touching the duties of such office, which are required by law to be laid in the county where the fact happened, if it shall not appear on the trial that the cause of such action arose within the county where such trial is had, the jury shall be discharged, and judgment of discontinuance shall be rendered against the plaintiff.”
It is contended by the counsel for relator that the circuit judge was right in the first instance ; that the statute intends ■
The respondent’s counsel, on the contrary, claim that this qualifying clause limits the bar of the statute as to all classes of persons named in the section ; and that trover being in ■this State a transitory action, and not local, the order vacating the judgment of discontinuance is valid, and should stand.
This question as to the interpretation of this statute has not been passed upon in 'this State. In Morse v. Dunham, 48 Mich. 591, the Court say:
“ Inasmuch as this was an action involving a trespass on lands, it was one required by law to be laid in the county where it occurred, and it is not important now to consider what other classes of actions may be within that section.”
It seems to us that the construction of the statute claimed by the relator is the true one. It is evident that the Legislature intended that public officers should be exempt from suits brought against them for acts done by virtue of their offices, unless such. suits are prosecuted within the county ■where the acts are committed. The construction claimed by the counsel for respondent would render the statute entirely useless and superfluous. The statutes provide, that certain actions shall be tried in the county where the subject of the action shall be situated. How. Stat. § 7547.
In those actions public officers are exempt from defend
The section 7549 can have no use or place in the laws of this State unless it means to prohibit absolutely the trial of any suit in which a public officer is defendant, for acts-co'mmitted by virtue of his office, outside the county wherein such acts were done.
This is also a reasonable construction. It is not for the-public interest or welfare that a sheriff, or any other public-officer, should be dragged away from the place of his official trust and duties, to meet for days and perhaps weeks a trial at any point in the State where some person may live who-claims to be aggrieved at this action. I have no doubt but the intent of this statute was to give such officers the-privilege of defending their official acts where they were-done, and not to vex and harass them, and impede their per. formance of their official trusts and duties, by calling and keeping them away from the place of their performance at the beck and summons of any person who may choose to-bring suit against them.
The statute is most bunglingly worded, and easily capable of misapprehension and false construction, but we can. see no other object or purpose in it than above stated. Given that construction, we consider it a wise and beneficent provision, and its operation cannot work any injustice-to any one.
The writ will issue as prayed, with costs in favor of relator, against Jacobson and Netzórg, plaintiffs in the suit, against him.
See Pack, Woods & Co. v. Township of Greenbush, 62 Mich. 122.