Lingemann v. MacOmb Circuit Judge

The plaintiff asks for a writ of mandamus to compel the defendant to set aside a certain order entered on June 30, 1929, quashing service of summons upon one Elmer Kirchofer. On October 8, 1928, a truck driven by Kirchofer in the village of St. Clair Shores, Macomb county, Michigan, collided with an automobile owned by the plaintiff. Immediately after the collision, Kirchofer left the truck to report the accident. While he was gone, the chief of police tied a tag on the truck notifying him to appear in justice’s court on the 10th of October, 1928, to answer a charge of reckless driving.…