Bush v. Meacham

The plaintiff took out a summons in assumpsit before a justice of the peace in the city of Detroit, and served the same himself upon the defendant and made return thereof, accompanying the same by his own affidavit of service, claiming his right to make such service under the statute (How. Stat. § 6827), which says it “may be served by any competent person.” There were no pleadings in the case on the part of defendant, and plaintiff proceeded ex parte to judgment before the justice.

*575The defendant appealed to the circuit, where the cause was tried without pleadings on the part of the defendant.…