Detroit Trust Co. v. Doe (Agozzino)

In these two appeals from judgments for possession of real estate, but one question is involved: Was there proper service of the circuit court commissioner’s summons?

The controlling statute, 3 Comp. Laws 1929, § 14978, reads in part:

“The officer to whom the summons shall be delivered shall serve the same, if returnable in not more than six days, at least two days before the time of appearance mentioned therein, by delivering to the defendant, if to be found within the county, a copy thereof, but if the defendant shall not be found, it shall be served, by leaving such copy at the usual place…