Brown v. Knop
Michigan Supreme Court
Error to Charlevoix; Mayne, J. Assumpsit in justice’s court by Frank E. Brown and John Sehler, copartners as Brown & Sehler, against William Knop and Lewis Martin on promissory notes. There, was judgment for plaintiffs, and defendants brought certiorari in the circuit court. There was judgment for defendants at the circuit, and plaintiffs bring error.
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Error to Charlevoix; Mayne, J. Assumpsit in justice’s court by Frank E. Brown and John Sehler, copartners as Brown & Sehler, against William Knop and Lewis Martin on promissory notes. There, was judgment for plaintiffs, and defendants brought certiorari in the circuit court. There was judgment for defendants at the circuit, and plaintiffs bring error. This case was commenced in a, justice’s court for the county of Charlevoix, at the request of one Merriman, agent for plaintiffs. The summons directed the defendants to appear before said justice at his office in the township of Boyne Valley on…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It was not essential to the jurisdiction of the justice that the officer’s return should state that he had used due diligence to obtain personal service, and that, being unable to find the defendant Martin, he had left a copy of the summons at his last place of abode. The statute (section 720,1 Comp. Laws) provides that when suit is brought upon contract or obligation against two or more joint defendants, one of *237whom shall not be found in the county where suit is brought, the justice may “ at any time within four days from the return day of the writ by which such…
2Cases cited12 opinions
- Cornell v. MoultonNew York Supreme Court · 1846
- Adams v. AbramMichigan Supreme Court · 1878
- Fogg v. Child & FitzhughNew York Supreme Court · 1852
- Talbot v. KuhnMichigan Supreme Court · 1891
- Brooks & Ellis v. McIntyreMichigan Supreme Court · 1856
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3Cited by2 opinions
- McInerney v. MyroldMichigan Court of Appeals · 1970
- Hawkins v. CastenholzMichigan Supreme Court · 1912