Campau v. Fairbanks
Michigan Supreme Court
Certiorari. In August, ÍSSÍ, Fairbanks sued Campau in a justice’s court. The constable made the following return to the summons: “ Served the within by reading personally;” to which he affixed the date of the service and subscribed his name. Campau did not appear on the return day, and Fairbanks proceeded ex parte before the justice and obtained a judgment, to reverse which Campau sued out a writ of certiorari from this court.
1Opinion of the Court
*152 By the court,
Green, J.
The only ground of error assigned, is, that the service of the summons was insufficient, and that the justice did not, therefore, acquire jurisdiction of the defendant below, and that, consequently, the judgment is absolutely void.
Tim law in force at the time these proceedings were had before the justice (Laws of 1833, p. 194), required that the summons should be served by reading the same to the defendant, and delivering a copy thereof to him, if such defendant should be found; and that the sheriff or constable serving such summons should, upon the oath of his office,…
2Cases cited2 opinions
- Putnam v. ManNew York Supreme Court · 1829
- Northrup v. JacksonNew York Supreme Court · 1834
3Cited by2 opinions
- Sanford v. EdwardsMontana Supreme Court · 1896
- Harbour v. EldredMichigan Supreme Court · 1895