Denison v. Smith

Campbell, J:

Smith sued Denison jointly Avith one Bush, upon contract, in the superior court of Grand Rapids. Suit Ayas commenced by declaration, and the sheriff made return of sendee on both defendants in Kent county, and did not certify that either Avas served in Grand Rapids. Judgment Avas rendered by default, on the 10th of July, 1875. On the 19th of July, upon an ex parte motion, the sheriff Avas alloAved to amend his return so as to sIioav service on Bush in Grand Rapids before service Avas made on Denison. The errors, assigned in this court are based upon the irregularity of the…