Segar v. Muskegon Shingle & Lumber Co.

Suit was commenced by summons before a justice of the peace against Cyrus W. Utley. Summons was issued April 5, returnable April 15. On the return-day the officer returned the summons, certifying that he was unable to find the defendant within his county. An alias summons was thereupon issued, returnable April 19. The officer returned this summons, certifying that he was unable to find the defendant within the county.

Plaintiff thereupon made and filed with the justice an affidavit for attachment as a further continuance of his suit, under How. Stat. § 6828. The writ was issued, returnable…