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128 Mich. 182

Lemon v. Hampton

Michigan Supreme Court

Decided July 19, 1901

Michigan Supreme Court · decided 1901-07-19

Assumpsit in justice’s court by Robert Lemon against Caleb Hampton. There was a judgment for plaintiff, and defendant removed the cause to the circuit by certiorari, where the judgment was reversed. Plaintiff brings error.

Cited by 2 later decisions — most recently January 1916

2 state decisions

Relies on In re the appeals of Powers · People ex rel. Chaddock v. Barry · Sallee v. Ireland

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1901-07-19

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Moore, J.

¶1The sole question involved in this case is whether a summons issued from justice’s court against a nonresident on the 7th day of the month, and served upon the same day, and returnable on the 10th day of the month, one of the intervening days being Sunday, confers jurisdiction upon the justice to render a valid judgment. Counsel for plaintiff insist that it does, citing Chaddock v. Barry, 93 Mich. 542 (53 N. W. 785, 18 L. R. A. 337), and Crozier v. Allen, 117 Mich. 171 (75 N. W. 300); while counsel for defendant insists the precise question was passed upon in Everts v. Fisk, 44 Mich. 515 (7 N. W. 81), where it was held such a service of a short summons was void. See Sallee v. Ireland, 9 Mich. 154; In re Powers’ Appeal, 29 Mich. 504; Tiffany, Justice’s Guide (5th Ed.), 32. We think the case is ruled by Chaddock v. Barryand Crozier v. Allen, which, in effect, overrule the earlier cases.

¶2Judgment reversed, and judgment in justice’s court affirmed.

The other Justices concurred.
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