Johnson v. Mead
Michigan Supreme Court
Error to Wayne. (Reilly» J.) Assumpsit.' Plaintiffs bring error. The facts are stated in tbe opinion. 1. That the case falls within How. Stat. § 8723; citing McOmber v. Chapman, 43 Mich. 117; Pattridge v. Lott, 15 Id. 252; Coffin v. Cottle, 16 Pick. 385; Foote v. Pfeiffer, 70 Mich. 531. 2. An action is duly commenced, within the meaning of How.
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Error to Wayne. (Reilly» J.) Assumpsit.' Plaintiffs bring error. The facts are stated in tbe opinion. 1. That the case falls within How. Stat. § 8723; citing McOmber v. Chapman, 43 Mich. 117; Pattridge v. Lott, 15 Id. 252; Coffin v. Cottle, 16 Pick. 385; Foote v. Pfeiffer, 70 Mich. 531. 2. An action is duly commenced, within the meaning of How. Stat. §8723, when a summons is issued, and placed in the hands of the sheriff, with the intent that, if practicable, it shall be served; citing Howell v. Shepard, 48 Mi.ch, 473; Angelí, Lim. (5th ed.) § 312. 3. Plaintiff’s request that, if the jury…
1Opinion of the CourtSherwood, C. J.
The summons in this case was issued July 3, 1886, out of the Wayne circuit court, and was returned September 21 thereafter, personally served on both defendants. Plaintiffs filed their declaration in assumpsit, October 7, 1886, and gave notice that they would show on the trial two notes, — one given at Marquette, Mich., dated October 1, 1877, for $2,069.76, due three months from date, payable to plaintiffs, and signed by defendants, who then composed the firm of E. *328H. Mead & Go., at Detroit; the other bearing the same ■date, given by the same parties to Johnson & Wheeler for 82,092.16,…
2Cases cited2 opinions
- Axtell v. GibbsMichigan Supreme Court · 1884
- Delaplaine v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1824
3Cited by3 opinions
- Garey v. Morley BrothersMichigan Supreme Court · 1926
- Colling v. McGregorMichigan Supreme Court · 1906
- Home Savings Bank v. FullerMichigan Supreme Court · 1941