Adams v. Osborne
Michigan Supreme Court
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
- Iron Cliffs Co. v. LahaisMichigan Supreme Court · 1884
- Segar v. Muskegon Shingle & Lumber Co.Michigan Supreme Court · 1890