Fisher v. Hardwood Manufacturing Co.
Michigan Supreme Court
Error to Bay; Maxwell,. J. Proceedings under the log-lien law by Samuel Eisher against the Hardwood Manufacturing Company, Limited, and Nathan B. Bradley. Erom a judgment for defendant Bradley on verdict directed by the court, plaintiff brings error. This suit was commenced in justice’s court by attachment to enforce a lien for labor.
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Error to Bay; Maxwell,. J. Proceedings under the log-lien law by Samuel Eisher against the Hardwood Manufacturing Company, Limited, and Nathan B. Bradley. Erom a judgment for defendant Bradley on verdict directed by the court, plaintiff brings error. This suit was commenced in justice’s court by attachment to enforce a lien for labor. The work was done for the defendant the Hardwood Manufacturing Company, and defendant Bradley claimed to be the owner of the property attached. Service was made upon defendant Bradley on the morning of the return day of the writ. Bradley did not appear. Three…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The cases of Noyes v. Hillier, 65 Mich. 636, and Newbauer v. Newbauer, 112 Mich. 562, have no application. In those cases the defendant did not appear. In this case the jurisdictional defects were waived by a general appearance, plea of the general issue, and trial upon the merits. Manhard v. Schott, 37 Mich. 234; Dailey v. Kennedy, 64 Mich. 211.
Judgment reversed, and new trial ordered.
The other Justices concurred.
2Cases cited4 opinions
- Dailey v. KennedyMichigan Supreme Court · 1887
- Manhard v. SchottMichigan Supreme Court · 1877
- Noyes v. HillierMichigan Supreme Court · 1887
- Newbauer v. NewbauerMichigan Supreme Court · 1897
3Cited by1 opinion
- Hempel v. Bay Circuit JudgeMichigan Supreme Court · 1923