Garey v. Morley Brothers

'Sharpe, J.

Defendant appeals from a decree 'setting aside a default judgment recovered by it against plaintiff in justice’s court in the city of Flint. Plaintiff also appeals from the denial of costs. The bill alleges that the judgment was void because plaintiff had not been personally served with process. The return of the deputy sheriff indorsed on the summons •showed that such service had been made.

The English courts have consistently held that the return of an officer is conclusive as between the parties and that the remedy of a party injured by a false return is by action against the…