City of Menominee v. Circuit Judge
Michigan Supreme Court
Mandamus. Relator applied for mandamus to set aside the service of a declaration and notice of rule to plead, for the reason that the statute does not authorize the commencement of suits by declaration against municipal corporations. The facts are stated in the opinion.
1Opinion of the CourtMorse, J.
This motion involves a question of practice relating to the commencement of suits.
Suit in assumpsit was commenced in the circuit court for the county of Menominee, by filing a declaration, entering a rule to plead, and serving a copy of such declaration and notice of the entry of rule to plead upon James O. Sherman, city clerk, and P. Ax Van Bergan, Mayor of said city, by delivering personally to each a copy. The city of Menominee appeared specially by its attorney, and moved to set aside the service of the declaration and notice of the rule to plead, and to strike the declaration from the…
2Cases cited1 opinion
- Begole v. StimsonMichigan Supreme Court · 1878
3Cited by5 opinions
- Guastello v. Citizens Mutual InsuranceMichigan Court of Appeals · 1968
- Yeager v. MellusMichigan Supreme Court · 1950
- Brooke v. BrookeMichigan Supreme Court · 1935
- Penfold v. SlyfieldMichigan Supreme Court · 1896
- Windolph v. JoureMichigan Supreme Court · 1948