People ex rel. Bell v. Judge of Mecosta Circuit Court
Michigan Supreme Court
Application for mandamus. Eobert A. Griffin brought replevin against the relators in the Mecosta circuit. The goods described in the writ were seized under the writ, and duly turned over to the plaintiff.
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Application for mandamus. Eobert A. Griffin brought replevin against the relators in the Mecosta circuit. The goods described in the writ were seized under the writ, and duly turned over to the plaintiff. The writ was returnable May 2, 1871. On June o, 1871, the following order was granted ex parte on application of the plaintiff’s attorneys, viz.: “In this case it appearing that all the proceedings are regular except that the original writ of replevin had not been served upon the said defendants on or before the return day thereof, on motion,” etc., “ordered that an alias writ of replevin do…
1Opinion of the Court
The Court
held that the order granted was not without authority. There is no objection to an alias replevin issuing under the circumstances of this case, and for the purposes of personal service merely; since, where the property has all been taken on the original writ, the only office which such alias writ performs, is that of a summons.
Mandamus denied.
2Cited by3 opinions
- Van Benschoten v. FalesMichigan Supreme Court · 1901
- Anderson v. LaneMichigan Supreme Court · 1895
- Chapelle v. WebsterMichigan Supreme Court · 1899