Bisbee v. Lane
Circuit Court of the 15th Circuit of Michigan
Motion to quash a writ of replevin, and to set aside the proceedings thereunder. The writ in this case was issued April 6th, and made returnable May 3d, 1870 — being the first Tuesday in May. The regular term of the Branch Circuit Court commenced on the third Tuesday in April, being April 19th, thus intervening between the issuing and return day of the writ.
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Motion to quash a writ of replevin, and to set aside the proceedings thereunder. The writ in this case was issued April 6th, and made returnable May 3d, 1870 — being the first Tuesday in May. The regular term of the Branch Circuit Court commenced on the third Tuesday in April, being April 19th, thus intervening between the issuing and return day of the writ. The writ had been personally served, and the property ia question replevied, and writ returned before the first day of the term. On the first day of the term, defendant made his motion to quash the writ, claiming that it should have been…
1Opinion of the Court
By the Court, Upson, J.
By Circuit Court Rule 13, the writ in this case might have been issued in vacation or term timé, as well as all original writs (except capias), and made returnable “ on the first Tuesday of' any month, and also on any day in term.”
*195This writ is made returnable on the first Tuesday of May, and having been issued on the 6 th of April previous', being after the first Tuesday in April, ordinarily the day of its return would be the regular return day for such a writ under the rule.
•But the regular term of this Court having commenced on the third Tuesday in April, it is…
2Cases cited2 opinions
- Ex parte SchroederNew York Supreme Court · 1827
- Jackson v. CraneNew York Supreme Court · 1823