Newbauer v. Cummings

Circuit Court of the 54th Circuit of Michigan

Newbauer v. Cummings

1 How. N.P. 19

CourtCircuit Court of the 54th Circuit of Michigan

DecidedMay 14, 1880

StatusPublished

This text of 1 How. N.P. 19 (Newbauer v. Cummings) is published on Counsel Stack Legal Research, covering Circuit Court of the 54th Circuit of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newbauer v. Cummings, 1 How. N.P. 19 (Mich. Super. Ct. 1880).

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Opinion

The Coubt,

Wixon, J.,

denied the motion, holding that the writ being otherwise properly issued, was not void, though signed by a deputy clerk not at the county seat, but at another place within the county. The omission of the defendant’s name from that part of the writ containing the command to summon, is a mere irregularity, and the writ may be amended so as to correspond with the name in the recital as to giving-security.

Kimball & Austin Mnfg. Co. vs. Vroman, 35 Mich., 310, and cases cited.

Barber vs. Smith, 41 Mich., 138.

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The Coubt,

Wixon, J.,

denied the motion, holding that the writ being otherwise properly issued, was not void, though signed by a deputy clerk not at the county seat, but at another place within the county. The omission of the defendant’s name from that part of the writ containing the command to summon, is a mere irregularity, and the writ may be amended so as to correspond with the name in the recital as to giving-security.

Kimball & Austin Mnfg. Co. vs. Vroman, 35 Mich., 310, and cases cited.

Barber vs. Smith, 41 Mich., 138.

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Bluebook (online)

1 How. N.P. 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newbauer-v-cummings-micirct54-1880.

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