Fowler v. Detroit & Milwaukee Railway Co.
Michigan Supreme Court
Error to Shiawassee Circuit. Eowler sued the railroad company before a justice of the peace, and recovered judgment. The defendants removed the cause to the circuit court by certiorari. The affidavit for certiorari alleged the following as errors on the trial before said justice: 1st. That said justice erred in refusing to dismiss the said cause, upon the motion made by the defendant. 2d.
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Error to Shiawassee Circuit. Eowler sued the railroad company before a justice of the peace, and recovered judgment. The defendants removed the cause to the circuit court by certiorari. The affidavit for certiorari alleged the following as errors on the trial before said justice: 1st. That said justice erred in refusing to dismiss the said cause, upon the motion made by the defendant. 2d. That said court erred in rendering judgment in favor of the plaintiff, and against the defendant. 3d. That said judgment should have been rendered in favor of said defendant. The justice’s return to the…
1Opinion of the Court
Chbistiancy J. :
The summons issued by the justice in this case was served on the railroad company by reading and delivering a copy of the same to Thompson, who was the conductor of a passenger train. The service is admitted to have been *81sufficient under the act of March 28th, 1849 (Comp. L. §4846), if that act is still in force as to justices’ courts. But it is contended that this act, so far as relates to these courts, 'has been repealed by § 49 of the act of Feb. 18, 1855 (Comp. L. §3701), entitled “Of Courts held by Justices of the Peace”; which provides that “the first process against a…
2Cited by5 opinions
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