Percival v. Tucker
Circuit Court of the 36th Circuit of Michigan
Certiorari to Justice’s Court. A writ of attachment was issued from a Justice’s Court, and levied upon the goods and chattels of the plaintiff in error.
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Certiorari to Justice’s Court. A writ of attachment was issued from a Justice’s Court, and levied upon the goods and chattels of the plaintiff in error. The return oí the officer serviug the writ, was as follows: “ By virtue of the within attachment, I, William Mead, on the 26th day of May, 1871, seized the goods and chattels of the defendant, mentioned in the inventory, of which the annexed is a copy, and on the same day 1 left a copy of the within attachment and of the said inventory, with Cullen Percival, duly certified by me, in whose hands I found the property — not being able to find…
1Opinion of the Court
By the Court,
Brows, J.
Of the nine assignments of error ■urged as grounds for a reversal of the judgment in this cgse, it is only necessary to'consider the second, which raises the question of the Justice’s jurisdiction.
It is well settled that in this class of eases the requirements of the statute must be complied with in order to confer jurisdiction. The statute, §.3680, C. ¿..provides that, “ If the defendant cannot be found within the county, the constable.shall leave' a copy of the attachment and inventory certified by him, at the last place of residence of the defendant, if there be any…
2Cases cited2 opinions
- Wheeler v. WilkinsMichigan Supreme Court · 1869
- Watts v. WillettNew York Court of Common Pleas · 1858