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1 Doug. 450

Dousman v. O'Malley

Michigan Supreme Court

Decided January 15, 1844

Michigan Supreme Court · decided 1844-01-15

This suit was commenced by attachment returnable to the Michilimackinae Circuit Court. On the 29th day of March, Dousman, the plaintiff, was served with a citation, under the provisions of the statute, (S. L. 1840, p. 53,) to appear before an Associate Judge of that Court, on the 1st day of April (then) next, at 9 o’clock A. M., and show cause why the attachment should not be dissolved.

Decided 1844-01-15

Ransom, C. J.

¶1delivered the opinion of the Court.

¶2The act of March 16, 1840, (S. L. 1840, p. 53,) under which the proceedings to dissolve the attachment were had, requires that the citation shall be served three days, at least, before the return day thereof. By the terms of this act, the return day is excluded in the computation of time. The Revised Statutes provide that, “in the construction of the statutes of this state,” “ any specified number of days shall be construed to mean entire days.” R. S. 3, ^ 3, subd. 11. This rule of construction would exclude the day of service, that being but the fraction of a day; and, but two entire days having intervened, between the day of service and the return day of the citation, the service was clearly insufficient. The Judge erred, therefore, in taking jurisdiction, and dissolving the attachment, and the judgment rendered by him must be reversed.

¶3Judgment reversed.

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