Legal Opinion

Sweet v. Palmer

Michigan Supreme Court

Decided April 28, 1893Published

■ Mandamus. Relator applied for mandamus to compel respondent to quash a certain suit commenced by summons. The facts are stated in the opinion.

1Opinion of the CourtGrant, J.

Relator is defendant in a suit commenced by summons, which was signed and sealed in blank by the clerk of the court, and delivered to the attorney for the plaintiffs in the suit, several months before it was filled out by. the attorney and placed in the'hands of the sheriff for service. It is regular upon its face, and was duly served. Relator moved to quash the suit upon the ground that the summons was not legally issued. His motion was based upon affidavits from which it appears that the attorney obtained the summons from the clerk, not for this particular suit, but for any suit that he…

2Cases cited1 opinion

  1. Potter v. John Hutchison Manufacturing Co.Michigan Supreme Court · 1891

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