Ray Jewelry Co. v. Darling

Plaintiff sued Florence Darling in assumpsit in the common pleas court of Detroit. Personal service was made on defendant, who did not appear either in person or by attorney. Plaintiff undertook to prove its claim. When it appeared a copy of the written contract between plaintiff and defendant Florence Darling had not been served on defendant, the court, on its own motion, dismissed plaintiff’s case. It thereupon removed the cause to the circuit court for Wayne county by certiorari, where the holding in the common pleas court was affirmed. Plaintiff brings error, claiming that the common…