Legal Opinion

Lemon v. Hampton

Michigan Supreme Court

Decided July 19, 1901PublishedCited by 2 opinions

Error to Kalamazoo; Adams, J. Assumpsit in justice’s court by Robert Lemon against Caleb Hampton. There was a judgment for plaintiff, and defendant removed the cause to the circuit by certiorari, where the judgment was reversed. Plaintiff brings error.

1Opinion of the CourtMoore, J.

The sole question involved in this case is whether a summons issued from justice’s court against a nonresident on the 7th day of the month, and served upon the same day, and returnable on the 10th day of the month, one of the intervening days being Sunday, confers jurisdiction upon the justice to render a valid judgment. Counsel for plaintiff insist that it does, citing Chaddock v. Barry, 93 Mich. 542 (53 N. W. 785, 18 L. R. A. 337), and Crozier v. Allen, 117 Mich. 171 (75 N. W. 300); while counsel for defendant insists the precise question was passed upon in Everts v. Fisk, 44 Mich. 515 (7…

2Cases cited5 opinions

  1. In re the appeals of PowersMichigan Supreme Court · 1874
  2. People ex rel. Chaddock v. BarryMichigan Supreme Court · 1892
  3. Sallee v. IrelandMichigan Supreme Court · 1861
  4. Crozier v. AllenMichigan Supreme Court · 1898
  5. Everts v. FiskMichigan Supreme Court · 1880

3Cited by2 opinions

  1. Ehinger v. GrahamMichigan Supreme Court · 1916
  2. City of Port Huron v. WrightMichigan Supreme Court · 1907

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