Collins v. Circuit Judge

Michigan Supreme Court
Collins v. Circuit Judge, 1 McGrath 525 (Mich. 1892)

Collins v. Circuit Judge

Opinion of the Court

To compel amendment of officer’s return to a writ of replevin.

Order to show cause denied April 5, 1892.

The return showed personal service by delivery of a certified copy of the writ to defendant, together with a copy of the inventory and appraisement.

Defendant filed an affidavit admitting the service upon him of papers, having this indorsement: "Of inventory and writ of attachment, a true copy, to which-1 do hereby certify. Wm. H. Smith, under-sheriff.”

Delator contended that the paper served was not a certified copy within the statute; that the character of the paper should appear in the certificate; that the certificate should set forth the comparison, and that the certificate should be that of the clerk of the court out of which the writ issued.

Reference

Full Case Name
COLLINS v. CIRCUIT JUDGE (Muskegon)
Status
Published