Michigan Supreme Court, 1879

Myers v. Prosser

Myers v. Prosser
Michigan Supreme Court · Decided April 24, 1879 · Marston, Other
40 Mich. 644; 1879 Mich. LEXIS 650
Myers v. Prosser

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Marston, J.

There is a fatal error in this ease. The writ, which was made returnable August 6th, was returned, not personally served on defendant, August 5th. Afterwards the sheriff of his own motion made a farther return. This he could not do without leave of the court properly granted.

The judgment must be reversed with costs of both courts.

The other Justices concurred.

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