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Drew v. Claypool

Albert L. Drew v. William R. Claypool

Drew v. Claypool, 28 N.W. 78 (Mich. 1886)
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Court
Michigan Supreme Court · State Highest Courts
Decided
April 29, 1886
Judges
Campbell, Other
Citations
28 N.W. 7861 Mich. 2331886 Mich. LEXIS 883
Disposition
Eeversed.
Headnotes
Circuit court attachment — Return of writ without personal service — Premature if made prior to return-day — Judgment not supported, thereby. A circuit court writ of attachment was returned three days before the return-day, without personal service on the defendant, who was published in and a judgment rendered against him. Held, that the return was premature, and the judgment must be reversed.
Summary
Error to Berrien. (Smith, J7) Assumpsit. Defendant brings error. The’ facts are stated in the opinion.

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

Opinion of the Court — Campbell

Text extracted by OCR from a scanned original; check the original for exact wording.

Campbell, C. J.

In this case judgment by default was entered under a writ of attachment returnable April'T, 1885, and returned “Not found,” April4, 1885.

*234 It is assigned as error that this return was premature, and not good in support of the judgment. This has been so often decided that no discussion is needed. 1

The judgment must be reversed, with costs of both courts.

The other Justices concurred.

A justice of the peace has power, under the statute of amendments, to permit an officer to amend his return to a writ of attachment by showing when, it was in fact made and the writ and return filed with the justice. Kidd v. Dougherty, 59 Mich. 210 (head-note 2).

A sheriff, in his return to a writ of attachment issued January 18 and returnable February 5, certified to the seizure of property on the teste day, and that he was unable to find the defendant, and returned and filed the writ and return on the return-day.

Held, that the return was not premature; that the certificate of his inability to find the defendant had no reference to the date of the seizure, but took effect from the date of filing. Hitchcock v. Hahn, 60 Mich. 459 (head-note 1).

How later courts describe this case

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

1900: 11905: 11921: 11922: 119002026peak 1900 · 1

Relies on it most ⓘ

  1. Batchoff v. Butte Pacific Copper Co.198 P. 132 (Mont. 1921)
  2. State ex rel. Deck v. District Court207 P. 1004 (Mont. 1922)
  3. Sweet v. Gibson83 N.W. 407 (Mich. 1900)
  4. Kurtz v. Gartner104 N.W. 596 (Mich. 1905)

Most recent

  1. State ex rel. Deck v. District Court207 P. 1004 (Mont. 1922)
  2. Batchoff v. Butte Pacific Copper Co.198 P. 132 (Mont. 1921)
  3. Kurtz v. Gartner104 N.W. 596 (Mich. 1905)
  4. Sweet v. Gibson83 N.W. 407 (Mich. 1900)

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 2

DepthCaseCited by
Norberg v. Heineman, 26 N.W. 481 (Mich. 1886) 5
Hitchcock v. Hahn, 27 N.W. 600 (Mich. 1886) 3

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