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Lemon v. Hampton

Lemon v. Hampton, 87 N.W. 53 (Mich. 1901)
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Court
Michigan Supreme Court · State Highest Courts
Decided
July 19, 1901
Judges
Moore, Other
Citations
87 N.W. 53128 Mich. 1821901 Mich. LEXIS 569
Disposition
Reversed.
Headnotes
Justices oe the Peace — Short Summons — Service—Jurisdiction. Under 1 Comp. Laws, § 718, requiring a justice’s short summons to be made returnable not less than two days from its. date, and to he served “at least two days before the time of appearance mentioned therein,” the issue and service on the. 7th of the month, of a summons returnable on the 10th, is-sufficient to confer jurisdiction, though one of the intervening days is Sunday; since, while Sunday is to be excluded in the computation, the appearance day should be included Everts v. Fish, 44 Mich. 515, disapproved.
Summary
Error to Kalamazoo; Adams, J. Assumpsit in justice’s court by Robert Lemon against Caleb Hampton. There was a judgment for plaintiff, and defendant removed the cause to the circuit by certiorari, where the judgment was reversed. Plaintiff brings error.

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

Opinion of the Court — Moore

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Moore, J.

The sole question involved in this case is whether a summons issued from justice’s court against a nonresident on the 7th day of the month, and served upon the same day, and returnable on the 10th day of the month, one of the intervening days being Sunday, confers jurisdiction upon the justice to render a valid judgment. Counsel for plaintiff insist that it does, citing Chaddock v. Barry, 93 Mich. 542 ( 53 N. W. 785 , 18 L. R. A. 337), and Crozier v. Allen, 117 Mich. 171 ( 75 N. W. 300 ); while counsel for defendant insists the precise question was passed upon in Everts v. Fisk, 44 Mich. 515 ( 7 N. W. 81 ), where it was held such a service of a short summons was void. See Sallee v. Ireland, 9 Mich. 154 ; In re Powers’ Appeal, 29 Mich. 504 ; Tiffany, Justice’s Guide (5th Ed.), 32. We think the case is ruled by Chaddock v. Barry and Crozier v. Allen , which, in effect, overrule the earlier cases.

Judgment reversed, and judgment in justice’s court affirmed.

The other Justices concurred.

How later courts describe this case

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

1907: 11916: 119072026peak 1907 · 1

Relies on it most ⓘ

  1. Ehinger v. Graham155 N.W. 747 (Mich. 1916)
  2. City of Port Huron v. Wright114 N.W. 76 (Mich. 1907)

Most recent

  1. Ehinger v. Graham155 N.W. 747 (Mich. 1916)
  2. City of Port Huron v. Wright114 N.W. 76 (Mich. 1907)

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 5

DepthCaseCited by
People ex rel. Chaddock v. Barry, 53 N.W. 785 (Mich. 1892) 14
Crozier v. Allen, 75 N.W. 300 (Mich. 1898) 4
Everts v. Fisk, 7 N.W. 81 (Mich. 1880) 1
In re the appeals of Powers, 29 Mich. 504 (1874) 24
Sallee v. Ireland, 9 Mich. 154 (1861) 12

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