Sleight v. Swanson

Mr. Justice Campbell,

in his dissenting opinion, said:

“It is only when a defendant is not a resident of the State that he may be served where he can be found. This is a rule of necessity, and results from the doctrine that all persons temporarily in any county become subject to its jurisdiction, and, if they have no fixed residence, must be treated as commorant wherever they are found.”

Defendant relies upon sections 707, 708, 1 Comp. Laws, which read as follows:

“ (707) Every action commenced in such court shall be *441brought before some justice of the peace of the city or township where:

“'First,…