Legal Opinion

Atkins v. Borstler

Michigan Supreme Court

Decided October 5, 1881PublishedCited by 11 opinions

Error to Kent. AssuMPsrr. Plaintiff brings error.

1Opinion of the CourtCampbell, J.

Plaintiff'who resides in Mecosta county, •sued defendants, who reside in another State, on contract, the suit being brought in Kent county and service made there. Defendants pleaded in abatement showing their non-residence and that of plaintiff, and claiming that under our statutes they could only be sued in Mecosta. On demurrer this plea was sustained, and plaintiff brings error.

It was held in Haywood v. Johnson 41 Mich. 598, that a. resident of the State could not be sued in a transitory action in a county where neither party resided. It was held in Turrill v. Walker 4 Mich. 177, that the…

2Cases cited2 opinions

  1. Haywood v. JohnsonMichigan Supreme Court · 1879
  2. Turrill v. WalkerMichigan Supreme Court · 1856

3Cited by11 opinions

  1. Cofrode v. GartnerMichigan Supreme Court · 1890
  2. Silverstone v. London Assurance Corp.Michigan Supreme Court · 1913
  3. Daniels v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1910
  4. Valentine v. MaloneMichigan Supreme Court · 1934
  5. MacKenzie v. MacKenzieIllinois Supreme Court · 1909

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