Thompson v. Thomas
Michigan Supreme Court
Certiorari to Wayne Circuit. Thompson sued out au attachment against the property ■of Thomas, returnable September 2d, 1862, upon which land was attached. Personal service not being obtained, a notice to the defendant was published, and affidavit of publication filed November 6th, 1862. On the same day the appearance of the defendant was entered by the plaintiff in the common rule book, and declaration filed.
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Certiorari to Wayne Circuit. Thompson sued out au attachment against the property ■of Thomas, returnable September 2d, 1862, upon which land was attached. Personal service not being obtained, a notice to the defendant was published, and affidavit of publication filed November 6th, 1862. On the same day the appearance of the defendant was entered by the plaintiff in the common rule book, and declaration filed. November 28th defendant’s default for want of a plea was entered, which was made .absolute December 4th, and judgment entered for $5,208 50. December 5th, C. A. Kent filed an affidavit,…
1Opinion of the Court
Christiancy J.:
Whether certiorari is the proper remedy to correct an ■error of the Circuit Court such as is claimed to have been .committed in this case, is a question we shall not here discuss, as we are all of opinion there was no error in the action of that Court in setting aside the judgment for irregularity in the proceedings.
The publication of notice required by section 18 chapter 140 Compiled Laws (with proof of' such publication) was, we think, intended as a substitute for personal service of the writ. Section 20 of the same chapter provides that, upon filing an afiidavit of such…
2Cited by13 opinions
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- Gunder v. TibbitsIndiana Supreme Court · 1899
- King v. HarringtonMichigan Supreme Court · 1866
- Steere v. VanderbergMichigan Supreme Court · 1887
- Ortiz Ríos v. VieraSupreme Court of Puerto Rico · 1941
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