Bacon v. Kennedy

Michigan Supreme Court

Bacon v. Kennedy

22 N.W. 824, 56 Mich. 329, 1885 Mich. LEXIS 663

CourtMichigan Supreme Court

DecidedApril 10, 1885

StatusPublished

Cited by21 cases

This text of 22 N.W. 824 (Bacon v. Kennedy) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bacon v. Kennedy, 22 N.W. 824, 56 Mich. 329, 1885 Mich. LEXIS 663 (Mich. 1885).

Pincite

Opinion

Campbell, J.

The only question in this case is whether a statutory foreclosure is valid where the sale was made on a notice which, although published twelve times in separate weeks, provided for selling on a day less than twelve weeks from the first publication. The statute does not say that notice shall merely be published twelve times, once a week, but once a week “ for twelve successive weeks.” The object of this was manifestly to give that full interval between the first notice and the sale. Such was the basis of the decision in Gantz v. Toles 40 Mich. 725; and the same principle has been applied in other cases, some of which were referred to on the argument.

As the court below so held, the judgment was correct and must be affirmed.

The other Justices concurred.

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Campbell, J.

The only question in this case is whether a statutory foreclosure is valid where the sale was made on a notice which, although published twelve times in separate weeks, provided for selling on a day less than twelve weeks from the first publication. The statute does not say that notice shall merely be published twelve times, once a week, but once a week “ for twelve successive weeks.” The object of this was manifestly to give that full interval between the first notice and the sale. Such was the basis of the decision in Gantz v. Toles 40 Mich. 725; and the same principle has been applied in other cases, some of which were referred to on the argument.

As the court below so held, the judgment was correct and must be affirmed.

The other Justices concurred.

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Bluebook (online)

22 N.W. 824, 56 Mich. 329, 1885 Mich. LEXIS 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bacon-v-kennedy-mich-1885.

Opinion

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