American Copying Co. v. Stern
Michigan Supreme Court
Certiorari to Kalamazoo; Adams, J. Assumpsit in justice’s court by the American Copying Company against Herman Stern for goods sold and delivered. There was judgment for plaintiff, and a transcript filed in the circuit court. From an order denying a motion-to vacate said judgment, defendant brings certiorari.
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Certiorari to Kalamazoo; Adams, J. Assumpsit in justice’s court by the American Copying Company against Herman Stern for goods sold and delivered. There was judgment for plaintiff, and a transcript filed in the circuit court. From an order denying a motion-to vacate said judgment, defendant brings certiorari. Plaintiff, a nonresident corporation, brought suit before a justice’s court in the township of Brady, in the county of Kalamazoo, against the defendant, a resident of the city of Kalamazoo. The summons was personally served upon the defendant in that city. On the return day, defendant…
1Opinion of the CourtGrant, J.
(after stating the facts). Four objections are assigned to the validity of the judgment:
1. That the court obtained no jurisdiction because the plaintiff and defendant were nonresidents of the township of Brady, and that that township did not adjoin the city of Kalamazoo.
2. That the adjournment was unauthorized.
3. That no security of costs was given.
4. That no notice was given of the issuance of the commission to take the deposition.
The first objection is ruled against the defendant by the case of Weaver v. Rix, 109 Mich. 697, the facts of which are parallel to those in this case.
The other…
2Cases cited6 opinions
- Miller v. SmithMichigan Supreme Court · 1897
- Deitz v. GroesbeckMichigan Supreme Court · 1875
- Reed v. GageMichigan Supreme Court · 1876
- Harris v. DoyleMichigan Supreme Court · 1902
- Mayhew v. SnellMichigan Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Curtis v. Board of SupervisorsMichigan Supreme Court · 1908