Clark v. Lichtenberg

Michigan Supreme Court
Clark v. Lichtenberg, 33 Mich. 307 (Mich. 1876)
1876 Mich. LEXIS 44

Clark v. Lichtenberg

Opinion of the Court

Per, Curiam:

This case is ruled by Denison v. Smith, supra p. 155. Service in a foreign county under the statute (Comp. L. 1871, § 5748) is not authorized until after the record shows proof of service on some of theNdefendants within the jurisdiction of the court. The most that this record can be claimed to have shown at the time of service on Clark and Kirehmaier in St. Clair county is, a service made on the other defendants within the jurisdiction, and proof thereof filed, on the same day that service was made on them in a distant county, without any showing as to which took place first. But, moreover, the certificate of sendee on Clark and Kirehmaier was insufficient as proof of such service.

Judgment reversed.

Reference

Full Case Name
Samuel D. Clark and another v. Gustave B. Lichtenberg
Cited By
3 cases
Status
Published