Boyle v. City of Detroit
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Catherine Boyle against the city of Detroit for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff claims to have been injured March 30, 1903, upon a defective sidewalk in the defendant city. On April 15, 1903, she presented a petition to the common council stating her claim and asking for an investigation.
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Error to Wayne; Hosmer, J. Case by Catherine Boyle against the city of Detroit for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff claims to have been injured March 30, 1903, upon a defective sidewalk in the defendant city. On April 15, 1903, she presented a petition to the common council stating her claim and asking for an investigation. Her petition was referred to the committee on claims and accounts. She neither presented nor served any other paper. The charter requirements for serving notice in writing upon the…
1Opinion of the Court
Grant, O. J.
(after stating the facts). The service of the declaration upon a clerk in the office of the corpora*250tion counsel was a nullity. No suit was commenced until there was a proper service of the declaration. Detroit Free Press Co. v. Bagg, 78 Mich. 650.
It is claimed that a default of the city was entered on April 21, 1903, for nonappearance under the service which was made on Mr. Guinness. A defendant cannot be defaulted upon a void service of summons. Ellis v. Fletcher, 40 Mich. 321; South Bend Chilled Plow Co. v. Manahan, 62 Mich. 143.
The statute describing the prerequisites to…
2Cases cited5 opinions
- Klass v. City of DetroitMichigan Supreme Court · 1901
- Holtham v. City of DetroitMichigan Supreme Court · 1904
- Detroit Free Press Co. v. BaggMichigan Supreme Court · 1889
- Ellis v. FletcherMichigan Supreme Court · 1879
- South Bend Chilled Plow Co. v. ManahanMichigan Supreme Court · 1886
3Cited by2 opinions
- Christe v. Springfield Fire & Marine InsuranceMichigan Supreme Court · 1919
- Brooke v. BrookeMichigan Supreme Court · 1935