Legal Opinion

Adams v. Osborne

Michigan Supreme Court

Decided November 9, 1904No. Docket No. 125Published

Case made from Kent; Perkins, J. Assumpsit in justice’s court by William M. Adams and George W. Hart, copartners as Adams & Hart, against George W. Osborne for goods sold and delivered. Plaintiffs recovered judgment in the justice’s court, and defendant appealed to the circuit court by writ of certiorari. From a judgment for plaintiffs, defendant appeals.

1Opinion of the CourtHooker, J.

There are two ways in which a justice of the peace may obtain jurisdiction in the case of a nonresident defendant, in an action upon contract, where such defendant does not appear: (1) Where such defendant is seasonably served personally with a short summons within the county; (2) where he has property within, or a debt owing to him from persons living in, said county, and such property or debt is duly impounded by writ of attachment or garnishment in accordance with law.

In- this case the plaintiffs reside in the county of Kent, and the defendant in Wexford, and they so resided at the time…

2Cases cited2 opinions

  1. Iron Cliffs Co. v. LahaisMichigan Supreme Court · 1884
  2. Segar v. Muskegon Shingle & Lumber Co.Michigan Supreme Court · 1890

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