Circuit Court of the 31st Circuit of Michigan, 1876

Stewart v. Barber

Circuit Court of the 31st Circuit of Michigan · Decided December 15, 1876 · Harris

1 How. N.P. 101

Counsel

E. R. Stevenson and F. Whipple for Plaintiff in Certiorari., G. R. Brown and T. J. McSweeney for Defendant in Certiorari.

Opinion of the Court

Harris, J.:

The question is whether on not, under Comp. Laws, Section 5264, two full days must elapse between the day of service and the day of return of a short summons.

The rule adopted by our Supreme Court seems to be to exclude the day of service and include the day of return. 23 Mich., 293.

Under this rule the service in this case was good, and the judgment of the justice, if it is a judgment, must be reversed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.