BIRZNIEKS v. COOPER

Docket No. 58849.

405 Mich. 319 (1979)

275 N.W.2d 221

BIRZNIEKS v. COOPER

Supreme Court of Michigan.

Decided February 5, 1979.


Attorney(s) appearing for the Case

Wickett, Erickson, Bartl & Haslett, P.C., for plaintiffs.

Cholette, Perkins & Buchanan (by Kenneth L. Block) for defendants.


LEVIN, J.

In summary proceedings to recover real property, a writ of restitution may not issue pursuant to a judgment for possession because of nonpayment of money by a tenant or land contract vendee if, "within the time" prescribed by the statute, the amount of the judgment is "paid" to the plaintiff.1

The issue is whether Thomas L. Cooper "paid" Peter and Ella Birznieks the amounts stated in judgments for possession when he mailed...

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