Newcomb v. Miller

Circuit Court of the 10th Circuit of Michigan

Decided November 29, 1869

Circuit Court of the 10th Circuit of Michigan · decided 1869-11-29

Plaintiff insists that the sureties were not seasonably excepted to, the exception having been served more than 20 days after the actual return of the writ, though within 20 days after the return day. o endant’s counsel cited, 2 Hill, 357.

Decided 1869-11-29

Sutherland, J.

¶1The exception was seasonable; the “return ” mentioned in the statute, Sec. 5019 C. L., is the return day.

¶2Though by Section 5022, C. L., judgment of discontinuance *56for such neglect to justify is required to be rendered. Sec. 5023 gives a discretion to allow anew bond to be filed, with sureties who will justify.

¶3On filing such bond, and the sureties justifying, if exoepted to, and on payment of the costs of this motion, including an :attorney fee of ten dollars, this motion to be denied.