Simonson v. Durfee

In this case a certiorari was sued out from the circuit court for the county of Shiawassee to review a justice’s judgment as not founded on proper jurisdictional grounds. Durfee was sued as a non-resident of Shiawassee county by a short summons issued on Friday, December 2, 1881, and served on that day, and returnable the ensuing Monday.

The statute provides, that against non-resident defendants the summons shall be returnable not less than two nor more than four days from its issue. Comp. L. §§ 5261, 5265.

*81On Monday defendant appeared specially to object to the want of jurisdiction, claiming…