Smith v. Ihling

Michigan Supreme Court

Smith v. Ihling

11 N.W. 408, 47 Mich. 614, 1882 Mich. LEXIS 714

CourtMichigan Supreme Court

DecidedJanuary 25, 1882

StatusPublished

Cited by6 cases

This text of 11 N.W. 408 (Smith v. Ihling) 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

Smith v. Ihling, 11 N.W. 408, 47 Mich. 614, 1882 Mich. LEXIS 714 (Mich. 1882).

Pincite

Opinion

Marston, J.

This action was commenced in justice’s court by issuing a summons on a legal holiday, February 22, 1881. On the return day, a motion was made to .quash the proceedings which was denied, a trial was then had and judgment for the plaintiff. The cause was then taken to the circuit on a special aj>peal and the judgment of the justice reversed. The case comes here on writ of error.

The circuit court erred. The issuing of summons is a ministerial act and is not forbidden by the statute.

The judgment of the circuit must be reversed with costs.

The other Justices concurred.

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