Myers v. Prosser

40 Mich. 644, 1879 Mich. LEXIS 650
Michigan Supreme Court·Decided April 24, 1879·Published·Cited by 4 cases

Opinion

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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Myers v. Prosser, 40 Mich. 644, 1879 Mich. LEXIS 650 (Mich. 1879).

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