Withington v. Southworth

This case is brought to this court on certiorari to a justice of the peace of Hillsdale county. The proceeding before the justice, was by attachment, and the plaintiffs in error were not personally served, and did not appear in the case. A preliminary objection is taken, that the plaintiffs in error have mistaken their remedy, and that they should have removed the case to the circuit court by one of the inodes provided by the statute.

Had the parties been served, or appeared in the court below, there would be force in the objection; but where they are not served, and may not have known or…