South Bend Chilled Plow Co. v. Manahan
Michigan Supreme Court
Error to Hillsdale. (Howell, J.) Assumpsit. Defendants bring error. The facts are stated in the head-note.
1Opinion of the CourtMorse, J.
A judgment in this ease was taken by the-plaintiff upon default of defendants.
The declaration was filed in the Hillsdale circuit court,. June 20, 1885, and the rule to plead entered upon the same-day. The only service upon defendants was made by George-A. Knickerbocker, attorney for the plaintiff. The service-was made by handing to each of them, on the nineteenth-day of June, 1885, a copy of the declaration, with notice of" the rule to plead indorsed thereon in the usual manner. No-default absolute was entered.
The service being before suit was commenced, the judgment is void, and must be…
2Cases cited1 opinion
- Ellis v. FletcherMichigan Supreme Court · 1879
3Cited by3 opinions
- Boyle v. City of DetroitMichigan Supreme Court · 1908
- Germania Importing Co. v. United StatesCourt of Customs and Patent Appeals · 1917
- Marshall v. CalkinsMichigan Supreme Court · 1897