Michels v. Stork
Michigan Supreme Court
Error to Superior Court of Detroit. Trespass on the case by Stork against Michels for damages resulting from the wrongful levy of an attachment on machinery of the plaintiff, whereby he was prevented from carrying on his business.
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Error to Superior Court of Detroit. Trespass on the case by Stork against Michels for damages resulting from the wrongful levy of an attachment on machinery of the plaintiff, whereby he was prevented from carrying on his business. The return to the writ of attachment, which was issued from a justice’s court, was as follows : “By virtue of the within attachment, I, John Gnau, on the 10th day of August, 1871, seized the goods and chattels of the defendant mentioned in the inventory, of which the annexed is'a copy, and on the 12th day of August, 1871, I served upon the defendant personally a…
1Opinion of the CourtMarston, C. J.
The return made by the constable to the writ of attachment did not show proper service of the writ, and gave the justice no jurisdiction to proceed and render judgment in the cause. Nicolls v. Lawrence 30 Mich. 396; Town v. Tabor 34 Mich. 263; Adams v. Abram 38 Mich. 302-4.
On the return day the defendant appeared and moved to dismiss the writ because no proper service was shown by the return. This was not such an appearance as would give the justice jurisdiction. A justice of the peace may acquire jurisdiction over the person either on a return showing proper service of the writ, or on the…
2Cases cited1 opinion
- Adams v. AbramMichigan Supreme Court · 1878
3Cited by10 opinions
- Dailey v. KennedyMichigan Supreme Court · 1887
- Freer v. WhiteMichigan Supreme Court · 1892
- Isabelle v. Iron Cliffs Co.Michigan Supreme Court · 1885
- Schwab v. MableyMichigan Supreme Court · 1882
- Russell v. WalkerMassachusetts Supreme Judicial Court · 1890
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