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American Express Co. v. Conant

The American Express Company v. Leonard B. Conant

Am. Express Co. v. Conant, 8 N.W. 574 (Mich. 1881)
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Court
Michigan Supreme Court · State Highest Courts
Decided
April 13, 1881
Judges
Marston, Other
Citations
8 N.W. 57445 Mich. 6421881 Mich. LEXIS 796
Disposition
Proceedings quashed.
Headnotes
Service of process on foreign corporation. Proof of service of process upon, the “ agent” of a foreign corporation in a suit begun before a justice is insufficient under Comp. L. § 1024, which provides for making service in such cases upon some one authorized by power of attorney to receive it.
Summary
Certiorari to A. T. Call, justice of the peace.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Marston

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Marston, C. J.

This action was commenced in justice’s court, and the return of the constable showed that he served the summons “by reading the same to the defendant and delivering to R. G. Cooper, agent of the American Express Company at Lakeview, a copy thereof.” The defendant did not appear. The statute, 1 Comp. L. § 1624, prescribes the mode of service of process in such cases. As there was no attempt to comply with such provisions the court acquired no jurisdiction. Hartford Fire Ins. Co. v. Owen 30 Mich. 443 ; Hebel v. Amazon Ins. Co. 33 Mich. 400 ; L. S. etc. Co. v. Hunt 39 Mich. 469 .

The judgment of the justice must be quashed and held for naught with costs to plaintiff.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1885–1886: 118852026peak 1885 · 1

Relies on it most ⓘ

  1. Gallagher v. American Express Co.22 N.W. 96 (Mich. 1885)

Most recent

  1. Gallagher v. American Express Co.22 N.W. 96 (Mich. 1885)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Hebel v. Amazon Ins., 33 Mich. 400 (1876) 24
Lake Shore & Mich. Southern Ry. Co. v. Hunt, 39 Mich. 469 (1878) 16
Hartford Fire Ins. v. Owen, 30 Mich. 441 (1874) 8

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