Legal Opinion
Caupfield v. Cook
Michigan Supreme Court
Decided July 28, 1892PublishedCited by 3 opinions
Certiorari to review the judgment of the circuit court of Sanilac county, reversing the order of the circuit court commissioner dissolving an attachment. (Beach, J.) The facts are stated in the opinion.
1Opinion of the Court
Grant, J;
-The defendant made application under How. Stat. § 8026, for the dissolution of an attachment. The citation was served just three days before the return-day thereof, one of which days was Sunday.1 The statute provides:
“ The citation shall be served three days at least before the return-day thereof.” How. Stat. § 8028.
In Simonson v. Durfee, 50 Mich. 81, it was held that Sunday is not included in the two days in which a short summons from a justice's court may be made returnable. The statute in that case provided that the summons should be returnable not less than two days from its…
2Cases cited3 opinions
- Harrison v. SagerMichigan Supreme Court · 1873
- Drake v. AndrewsMichigan Supreme Court · 1851
- Simonson v. DurfeeMichigan Supreme Court · 1883
3Cited by3 opinions
- American Tobacco Co. v. StricklingCourt of Appeals of Maryland · 1898
- Bruce v. PopeSupreme Court of Iowa · 1917
- First National Bank v. Williams Milling Co.Michigan Supreme Court · 1896