Galbraith v. Bostwick

Circuit Court of the 6th Circuit of Michigan

Galbraith v. Bostwick

1 How. N.P. 143

Circuit Court of the 6th Circuit of Michigan·Decided December 22, 1882·Published

Opinion

The Court,

Gaskill, J.,

rendered a judgment for non-suit against plaintiff, with costs, holding that a suit •commenced by declaration would not bar the plea of the Statute of Limitation until the declaration was; served* That the filing of the declaration, entry of the rule to plead, and the service of the declaration and notice of the rule, were all prerequisites to the commencement of the action.

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The Court,

Gaskill, J.,

rendered a judgment for non-suit against plaintiff, with costs, holding that a suit •commenced by declaration would not bar the plea of the Statute of Limitation until the declaration was; served* That the filing of the declaration, entry of the rule to plead, and the service of the declaration and notice of the rule, were all prerequisites to the commencement of the action.

Galbraith v. Bostwick, 1 How. N.P. 143 (Mich. Super. Ct. 1882).

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