McMillan v. Larned
Michigan Supreme Court
Error to St. Clair. Eeplevin by. Larned for' a span of horses which he claimed to have bought of William Eobinson and which McMillan, as deputy sheriff, levied on under execution in favor of McMorran against Eobinson, and later in the same day under another execution against both Eobinson and Larned.
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Error to St. Clair. Eeplevin by. Larned for' a span of horses which he claimed to have bought of William Eobinson and which McMillan, as deputy sheriff, levied on under execution in favor of McMorran against Eobinson, and later in the same day under another execution against both Eobinson and Larned. No proof was given of the signature of Barry, a subscribing witness to the bill of sale from Eobinson to Larned, but there was evidence tending to show a want of diligence on the part of plaintiff’s attorney in taking out and serving a subpeena to secure his attendance. Plaintiff recovered and…
1Opinion of the CourtMarston, J.
We are of opinion that no proper effort was made to procure the attendance of Barry, the subscribing witness to the bill of sale of the property in controversy, nor was there satisfactory evidence given even to show that at the time of the trial he was beyond the jurisdiction of the court. The subpoena should have been taken out and an effort made to serve it at least a reasonable time before the trial. 1 Green’s Pr., 252. What would be a reasonable time must depend very much upon the place of residence or then abiding place of the witness. There must also be search or an effort made to find…
2Cited by4 opinions
- People v. JacksonMichigan Supreme Court · 2002
- Talbot v. MageeMissouri Court of Appeals · 1894
- Engel v. DadoNebraska Supreme Court · 1902
- House v. TurnerMichigan Supreme Court · 1895