Clark v. Lichtenberg
Michigan Supreme Court
Error to Superior Court of Detroit. This was an action upon a promissory note made by Clark & Kirchmaier and endorsed by Beclcel Bros. & Simpson. The suit was commenced by declaration against the members of both firms. Service was made at Detroit on Moses Beclcel on May 5, 1875, and was accepted on the same day by said Beckel for his brother and Simpson.
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Error to Superior Court of Detroit. This was an action upon a promissory note made by Clark & Kirchmaier and endorsed by Beclcel Bros. & Simpson. The suit was commenced by declaration against the members of both firms. Service was made at Detroit on Moses Beclcel on May 5, 1875, and was accepted on the same day by said Beckel for his brother and Simpson. The only proof of service on Clark & Kirchmaier was a certificate with the venue laid in the county of Wayne and city of Detroit, and signed by “John B. Kendall, sheriff,” without specifying of what county, and certifying to' a personal…
1Opinion of the Court
Per, Curiam:
This case is ruled by Denison v. Smith, supra p. 155. Service in a foreign county under the statute (Comp. L. 1871, § 5748) is not authorized until after the record shows proof of service on some of theNdefendants within the jurisdiction of the court. The most that this record can be claimed to have shown at the time of service on Clark and Kirehmaier in St. Clair county is, a service made on the other defendants within the jurisdiction, and proof thereof filed, on the same day that service was made on them in a distant county, without any showing as to which took place first.…
2Cited by3 opinions
- Baxter v. GroveMichigan Supreme Court · 1892
- Allison v. KinneMichigan Supreme Court · 1895
- Engel v. SmithMichigan Supreme Court · 1918