Legal Opinion

Bower v. Town

Michigan Supreme Court

Decided January 8, 1864PublishedCited by 2 opinions

Error to Washtenaw Circuit. This suit was commenced by attachment by the defendants in error, against Henry Bower, the plaintiff in error. Declaration in assumpsit on promisory notes, with the common counts annexed, was filed, and to this declaration a plea in abatement was interposed.

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Error to Washtenaw Circuit. This suit was commenced by attachment by the defendants in error, against Henry Bower, the plaintiff in error. Declaration in assumpsit on promisory notes, with the common counts annexed, was filed, and to this declaration a plea in abatement was interposed. The writ of attachment was issued on the affidavit of one of the plaintiff^ stating, after alleging the indebtedness of the defendant, that the affiant had “ good reason to believe that the said. Henry Bower has assigned and 'disposed of his property with intent to defraud his creditors.” The plea in abatement…

1Opinion of the Court

Christiancy J.:

The motion to strike from the file's the plea in abatement was properly granted. The proceeding by attachment *233unde$ our statute is two-fold, in rem, and in personam. The writ is a summons as well as an attachment. When there is no personal service upon the defendant, and he does not appear in the suit, the proceeding is strictly in rem, and no property except that attached can be taken in execution. When the defendant has been personally served, or has appeared, the proceedings in the suit are to be the same in all respects as upon the return of a summons personally served in a…

2Cited by2 opinions

  1. John D. Gruber Co. v. Montcalm Circuit JudgeMichigan Supreme Court · 1914
  2. Porter v. Wayne Circuit JudgeMichigan Supreme Court · 1942

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