Marshall v. R. M. Owen & Co.
Michigan Supreme Court
Error to Ingham; Collingwood, J. Assumpsit by George H. Marshall against R. M. Owen & Company upon a judgment of the circuit court for the county of McLean, Illinois. Judgment for plaintiff. Defendant brings error.
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Error to Ingham; Collingwood, J. Assumpsit by George H. Marshall against R. M. Owen & Company upon a judgment of the circuit court for the county of McLean, Illinois. Judgment for plaintiff. Defendant brings error. The defendant and appellant was sued in the circuit court, for the county of McLean, 111. The sheriff returned the summons with the indorsement: “Executed this writ this 28th day of October, 1908, by reading and delivering a true copy of the same to W. G. Bell, local agent for the within named defendant, R. M. Owen & Co., Incorporated. The president, vice president, treasurer,…
1Opinion of the CourtOstrander, J.
(after stating the facts). There are really two points to be considered; the second point only if the first is answered unfavorably to plaintiff. They are, first, whether, upon inspection of the record, it appears or may be presumed that the Illinois court had jurisdiction of the defendant; second, whether defendant is precluded, by the decision of the Illinois court upon its motion to vacate the judgment, from now contesting the fact that defendant was properly served with process.
No argument is required and no citation of authorities is necessary to support the proposition that the judgment…
2Cases cited11 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
- People v. DawellMichigan Supreme Court · 1872
- Reed v. ReedMichigan Supreme Court · 1883
- Roach v. PrivettSupreme Court of Alabama · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Harvey v. Fiduciary Trust Co.Massachusetts Supreme Judicial Court · 1938
- Najdowski v. RansfordMichigan Supreme Court · 1929
- Smithman v. GrayMichigan Supreme Court · 1918
- Farrow v. Railway Conductors' Co-operative Protective Ass'nMichigan Supreme Court · 1914
- Matthews v. Montreal Mining Co.Michigan Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.