O'Hara v. McEnny
Circuit Court of the 22nd Circuit of Michigan
This case comes up from Justice’s Court on certiorari. The defeudant in error sued out a writ of attachment against the goods aud etiattels of the plaintiff in error.
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This case comes up from Justice’s Court on certiorari. The defeudant in error sued out a writ of attachment against the goods aud etiattels of the plaintiff in error. The Constable who executed the writ made the following return : “ By virtue of the within attachment, t, Orin A. Wait, on the 27th day of June, 1870, seized the goods aud chattels of the defendant, meutioued iu the inventory, of which the annexed is a copy; and I further return that no one could be found in whose possession the said goods, aud chattels Wete, and that no person could be found at the last place of residence of the…
1Opinion of the Court
By the Court,
Brown, -J.
The statute requires the officer serving the attachment to serve a copy of the writ and inventory upon the defendant if he can be found in the county; if not so found, to leave such copies at the last place of residence •f the defendant, if there be any such place in the county, and if not, then by'leaving the same with any person in whose possession the goods may be found. O. L., § § 3679, 3680.
If the defendant could be found in the county it was the duty of the officer to make personal servive; if he could not be so found that fact should appear in the return. The…
2Cases cited1 opinion
- Watts v. WillettNew York Court of Common Pleas · 1858