Marr v. Cook
Michigan Supreme Court
Error to Lenawee; Chester, J. Attachment proceedings in justice’s court by Daniel Marr against George S. Cook. There was judgment for plaintiff, and defendant took a special appeal to the circuit court. The judgment was set aside by the circuit court, and plaintiff brings error.
1ConcurrenceHooker, J.
I concur in the result reached in the opinion of Justice Carpenter upon the ground that the justice obtained no jurisdiction. Neither the writ of attachment nor the summons was served by one shown to be competent. See Rasch v. Moore, 57 Mich. 54; Union Mut. Fire-Ins. Co. v. Page, 61 Mich. 72; Gadsby v. Stimer, 79 Mich. 260.
I also concur in what is said regarding the insufficiency of the attachment bond. I think it unnecessary to decide whether the summons would have conferred jurisdiction had it been properly served, or whether, if so, the judgment could be sustained. Except as above…
2Cases cited3 opinions
- Gadsby v. StimerMichigan Supreme Court · 1890
- Union Mutual Fire Insurance v. PageMichigan Supreme Court · 1886
- Rasch v. MooreMichigan Supreme Court · 1885