Legal Opinion

South Bend Chilled Plow Co. v. Manahan

Michigan Supreme Court

Decided June 24, 1886PublishedCited by 3 opinions

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

  1. Ellis v. FletcherMichigan Supreme Court · 1879

3Cited by3 opinions

  1. Boyle v. City of DetroitMichigan Supreme Court · 1908
  2. Germania Importing Co. v. United StatesCourt of Customs and Patent Appeals · 1917
  3. Marshall v. CalkinsMichigan Supreme Court · 1897

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