Brown v. Knop
Michigan Supreme Court
Error to Charlevoix; Mayne, J. Assumpsit in justice’s court by Frank E. Brown and John Sehler, copartners as Brown & Sehler, against William Knop and Lewis Martin on promissory notes. There, was judgment for plaintiffs, and defendants brought certiorari in the circuit court. There was judgment for defendants at the circuit, and plaintiffs bring error.
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Error to Charlevoix; Mayne, J. Assumpsit in justice’s court by Frank E. Brown and John Sehler, copartners as Brown & Sehler, against William Knop and Lewis Martin on promissory notes. There, was judgment for plaintiffs, and defendants brought certiorari in the circuit court. There was judgment for defendants at the circuit, and plaintiffs bring error. This case was commenced in a, justice’s court for the county of Charlevoix, at the request of one Merriman, agent for plaintiffs. The summons directed the defendants to appear before said justice at his office in the township of Boyne Valley on…
1Opinion
ON MOTION FOR REHEARING.
2Per curiam
We are asked to grant a rehearing in this case on the ground that in attempting to distinguish this case from Reed v. Parker, 134 Mich. 68 (95 N. W. 979), we erroneously assumed that the alias summons was-delivered to the sheriff of the county of Charlevoix, whereas it was in fact delivered to the sheriff of the county of Em-met. This error does not affect the reasoning, in our opinion. This case is distinguished from Reed v. Parker, supra, by the circumstance that the trial court, in adjourning the case and in issuing the alias summons, assumed* and had a right to…
3Cases cited1 opinion
- Reed v. ParkerMichigan Supreme Court · 1903