Drew v. Dequindre
Michigan Supreme Court
Case reserved from Wayne Circuit Court. This suit was commenced by attachment under R. S. 1838, p. 506, ch, 1, issued June 12, 1843, and returnable at the following November term of the circuit court. The writ was duly returned served; and, at the third term thereafter, the defendant appeared and moved that the same be quashed, and that all the proceedings in the cause be set aside, for sundry alleged irregularities which sufficiently appear in the opinion of the court.
1Opinion of the Court
Whipple,'J.
delivered the opinion of the Court.
The various grounds in support of the motion will be considered in the order in which they were submitted by counsel.
1. The affidavit in the present case states, among other things, that the defendant “ does not reside in this state, and has not resided therein for three months immediately preceding the date of this affidavit;” and appears to have been sworn to June 10, 1843. The writ was issued on the 12th of June, the day on which it was filed with the clerk. It is contended, that, as the affidavit does not follow the statute, (R. S. 1838, p.…
2Cited by4 opinions
- Roelofson v. HatchMichigan Supreme Court · 1854
- Hewitt v. DurantMichigan Supreme Court · 1889
- Clark v. Kent Circuit JudgeMichigan Supreme Court · 1900
- McPherson v. McGillisMichigan Supreme Court · 1892