Ellis v. Fletcher
Cases that cite this one
5 later published cases cite this decision.
- South Bend Chilled Plow Co. v. Manahan (Mich. 1886)
- Germania Importing Co. v. United States (Court of Customs and Patent Appeals 1917)
- Lutkens v. Young (Wash. 1911)
- Boyle v. City of Detroit (Mich. 1908)
- Gregory v. Bartlett (Ark. 1891)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The declaration in this case was sent to '.the county clerk without an entry fee. The clerk declined to file it until the fee was paid, and notified the parties accordingly. The fee was then paid. Meanwhile the plaintiffs, supposing the declaration had been filed, had served a copy.
Held that until the declaration was filed, there was no suit in existence, and as the service of the declaration was a substitute for process, service made before filing ,was entirely void, and the party could not be put i»
The question being a novel one, no costs were allowed on the motion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.