Maxwell v. Speed
Michigan Supreme Court
Mandamus. Delator applied, by petition, for a writ of mandamus to compel the respondent to hold the service of a declaration valid, and vacate his order quashing such service and dismissing the suit commenced thereby, in the Wayne circuit court. The facts, as set up in the petition and not denied by respondent, are as follows: The relator is a resident of Wayne county and had resided therein, continuously, for ten years prior to making the application.
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Mandamus. Delator applied, by petition, for a writ of mandamus to compel the respondent to hold the service of a declaration valid, and vacate his order quashing such service and dismissing the suit commenced thereby, in the Wayne circuit court. The facts, as set up in the petition and not denied by respondent, are as follows: The relator is a resident of Wayne county and had resided therein, continuously, for ten years prior to making the application. On or about August 23, 1884, he purchased from the W abash, St. Louis & Pacific Bail way Co. — a corporation, as he alleges, organized and…
1Per curiam
Inasmuch as, under the statute, a foreign corporation having an agent served here may be held for a cause of action arising here, and service was had on such an agent in this case, we do not think a motion to quash the *40declaration was a proper remedy. The plaintiff is entitled to have such an issue fairly presented and passed upon under such general or other plea as defendant shall legally resort to. The declaration does not negative such a cause of action, as it is claimed by plaintiff; and, if there is such a defense, it must be disposed of so as to be open to review in the usual method at…
2Cited by2 opinions
- Shickle, Harrison & Howard Iron Co. v. S. L. Wiley Construction Co.Michigan Supreme Court · 1886
- De Velin v. Wayne Circuit JudgeMichigan Supreme Court · 1920