Hartman v. Roberts-Walby Enterprises, Inc.

We granted leave to review an order of the Court of Appeals granting a motion to dismiss an appeal claimed as of right to that Court from the circuit court of Oakland county.

*108The relevant facts are as follows:

In April, 1964, plaintiff-appellee began an action under the “dramshop” act* against the defendant tavern keeper, Roberts-Walby Enterprises, Inc., and its statutory surety defendant-appellant, United Bonding Insurance Company. Service on the surety was made pursuant to statute on the insurance commissioner. According to appellant surety company it sent the copy of the process to its…