Legal Opinion

Anderson v. Lane

Michigan Supreme Court

Decided April 16, 1895PublishedCited by 1 opinion

Mandamus. Relator applied for mandamus to compel respondent to set aside an order dismissing a writ of replevin. The facts are stated in the opinion.

1Opinion of the CourtMontgomery, J.

The relator sued out a writ of replevin for certain goods in the possession of one William A. Bennett. The writ was returned duly served. The defendant in the case appeared specially, and moved to dismiss the proceedings for the reason that the copy of the writ served upon him was not certified by the officer. This motion was granted, and the writ dismissed. Application is now made for mandamus to require the circuit judge to vacate the order of dismissal.

*90The service was irregular. How. Stat. § 8326, provides that the service shall be made by delivering to the defendant personally a certified…

2Cases cited3 opinions

  1. Leonard v. WoodwardMichigan Supreme Court · 1876
  2. People ex rel. Bell v. Judge of Mecosta Circuit CourtMichigan Supreme Court · 1873
  3. Ex parte JohnsonNew York Supreme Court · 1827

3Cited by1 opinion

  1. Home Savings Bank v. RolandoSupreme Court of Rhode Island · 1937

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