Welch v. Hull
Michigan Supreme Court
•Error to Saginaw. (Cage, J.) Assumpsit. Plaintiff brings error. The facts are stated in the opinion. 1. The court has power to amend any process, pleadings, or proceedings in any action, either in form or substance, for the furtherance of justice, on such terms as shall be just, at any time before judgment rendered therein; citing How.
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•Error to Saginaw. (Cage, J.) Assumpsit. Plaintiff brings error. The facts are stated in the opinion. 1. The court has power to amend any process, pleadings, or proceedings in any action, either in form or substance, for the furtherance of justice, on such terms as shall be just, at any time before judgment rendered therein; citing How. Stat. § 7631; Long v. Circuit Judge, 27 Mich. 165; Hopkins, v. Briggs, 41 Id. 175; Collins v. Beecher, 45 Id. 437; Cummin v. Wilcox, 47 Id. 501; Chapman v. Colby, Id. 47; and corrections in the names of parties may be made; citing Parks v. Barkham, 1 Mich. 95;…
1Opinion of the CourtMorse, J.
This suit was commenced by summons in the circuit court for the county of Saginaw. The writ commanded the sheriff—
“ To summon Charles F. Hull, Harry Hull, and Edmund H. Cook, composing the firm of Hull Bros. & Cook, * * * to answer unto John Welch,” etc.
It was dated June 6, 1887, and the return day was June 7. On June 6 the sheriff served the same upon the defendants Charles F. Hull and Edmund H. Cook, and made his return June 7, 1887, without any service on Harry Hull, who was not mentioned in the return. June 18, 1887, the following notice of retainer was served upon W. S. Tennant, the…
2Cases cited4 opinions
- Barber v. SmithMichigan Supreme Court · 1879
- Brooks & Ellis v. McIntyreMichigan Supreme Court · 1856
- Ralston v. ChapinMichigan Supreme Court · 1882
- Parks v. BarkhamMichigan Supreme Court · 1848
3Cited by8 opinions
- Hernan v. American Bridge Co.Court of Appeals for the Sixth Circuit · 1909
- Daly v. BlairMichigan Supreme Court · 1914
- Pratt v. DavisMichigan Supreme Court · 1895
- Fildew v. StockardMichigan Supreme Court · 1932
- Hartley v. Jerry's Radio & Electric ShopSouth Dakota Supreme Court · 1951
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