Wright v. Russell
Michigan Supreme Court
Error to Kalamazoo Circuit. This cause was brought into the Circuit Court for the County of Kalamazoo by special appeal from the judgment of a Justice of the Peace.
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Error to Kalamazoo Circuit. This cause was brought into the Circuit Court for the County of Kalamazoo by special appeal from the judgment of a Justice of the Peace. The objections to the proceeding before the Justice, specially alleged in the affidavit are stated thus: “and further the deponent says the said defendants did not appear in said cause, and that there was no personal service of the process therein on either of said defendants, and that said suit was commenced by attachment and said judgment was rendered before the expiration of 30 days from the return day of such attachment, •and…
1Opinion of the Court
Cooley Ch. J.
The plaintiff prosecuted the defendants before a Justice of the Peace, commencing his suit by attachment. The process was not personally served, and on the return day the defendants appeared specially by attorney for the purpose of moving the Court to dismiss the writ for want of a proper affidavit, and also because of defective service and return.
It is not distinctly stated in the record that this motion was made, or if it was, what decision was made upon it. It appears, however, that the Justice continued the case for ten days, and on the adjourned day the defendants not…
2Cited by6 opinions
- E. S. Knowles & Son v. CavanaughMichigan Supreme Court · 1906
- Lymburner v. JenkinsonMichigan Supreme Court · 1883
- Courtis v. GarrisonMichigan Supreme Court · 1907
- Miller v. Sutro Bros. Co.Michigan Supreme Court · 1934
- Rosevelt v. HanoldMichigan Supreme Court · 1887
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