Stewart v. Barber

Circuit Court of the 31st Circuit of Michigan

Stewart v. Barber

1 How. N.P. 101

CourtCircuit Court of the 31st Circuit of Michigan

DecidedDecember 15, 1876

StatusPublished

This text of 1 How. N.P. 101 (Stewart v. Barber) is published on Counsel Stack Legal Research, covering Circuit Court of the 31st Circuit of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stewart v. Barber, 1 How. N.P. 101 (Mich. Super. Ct. 1876).

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Opinion

Harris, J.:

The question is whether on not, under Comp. Laws, Section 5264, two full days must elapse between the day of service and the day of return of a short summons.

The rule adopted by our Supreme Court seems to be to exclude the day of service and include the day of return. 23 Mich., 293.

Under this rule the service in this case was good, and the judgment of the justice, if it is a judgment, must be reversed, with costs.

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Harris, J.:

The question is whether on not, under Comp. Laws, Section 5264, two full days must elapse between the day of service and the day of return of a short summons.

The rule adopted by our Supreme Court seems to be to exclude the day of service and include the day of return. 23 Mich., 293.

Under this rule the service in this case was good, and the judgment of the justice, if it is a judgment, must be reversed, with costs.

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Bluebook (online)

1 How. N.P. 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-barber-micirct31-1876.

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