Legal Opinion

Smith v. Provident Savings Life Assurance Society

Michigan Supreme Court

Decided December 10, 1909No. Docket No. 158PublishedCited by 5 opinions

Certiorari to Wayne; Murphy, J. Assumpsit by Richard W. Smith against the Provident Savings Life Assurance Society, principal defendant, and garnishment against the National Bank of Commerce of Detroit as garnishee. The defendant moved the court to quash the proceedings in the principal case. A judgment quashing the proceedings for want of jurisdiction is reviewed by plaintiff on writ of certiorari.

1Opinion of the CourtMontgomery, J.

The plaintiff brought an action in the circuit court for the county of Wayne against the defendant life assurance society, and later instituted garnishee proceedings against the defendant, the National Bank of Commerce. These proceedings are not claimed to have any significance as to the question of jurisdiction which is here raised. In the case against the principal defendant suit was instituted by service of process upon the commissioner of insurance. The plaintiff at the time resided in the county of Manistee. The insurance company had an agent residing in the city of Grand Rapids, Kent…

2Cases cited2 opinions

  1. Haywood v. JohnsonMichigan Supreme Court · 1879
  2. Atkins v. BorstlerMichigan Supreme Court · 1881

3Cited by5 opinions

  1. Reynolds v. Great American InsuranceMichigan Supreme Court · 1950
  2. Gober v. Federal Life Ins. Co.Michigan Supreme Court · 1931
  3. People ex rel. Wipfler v. Fidelity & Deposit Co. of MarylandMichigan Supreme Court · 1910
  4. Seaman v. Ironwood Amusement Corp.Michigan Supreme Court · 1937
  5. Pollock v. Detroit United RailwayMichigan Supreme Court · 1912

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