Domestic Finance Co. v. Purser

This is an appeal by leave of this Court from a denial by the circuit court of a motion by defendants-appellants for accelerated judgment based on GCR 1963, 116.1, which provides for a judgment dismissing the action when:

*302“(1) the court lacks jurisdiction of the person or' property.” (Emphasis supplied.)

The facts appear to be as follows: Plaintiff-appellee brought the action in municipal court for the city of St. Joseph against defendants for damages because of the nonpayment of a loan claimed to have been procured by fraud. The return day was June 25, 1964. After proper adjournments, trial…