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137 Mich. 234

Brown v. Knop

Michigan Supreme Court

Decided July 16, 1904

Michigan Supreme Court · decided 1904-07-16

Assumpsit in justice’s court by Frank E. Brown and John Sehler, copartners as Brown & Sehler, against William Knop and Lewis Martin on promissory notes. There, was judgment for plaintiffs, and defendants brought certiorari in the circuit court. There was judgment for defendants at the circuit, and plaintiffs bring error. This case was commenced in a, justice’s court for the county of Charlevoix, at the request of one Merriman, agent for plaintiffs.

Cited by 1 later decisions — most recently July 1912

1 state decisions

Relies on Reed v. Parker

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1904-07-16

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¶1ON MOTION FOR REHEARING.

Per Curiam.

¶2We are asked to grant a rehearing in this case on the ground that in attempting to distinguish this case from Reed v. Parker, 134 Mich. 68 (95 N. W. 979), we erroneously assumed that the alias summons was-delivered to the sheriff of the county of Charlevoix, whereas it was in fact delivered to the sheriff of the county of Em-met. This error does not affect the reasoning, in our opinion. This case is distinguished from Reed v. Parker, supra, by the circumstance that the trial court, in adjourning the case and in issuing the alias summons, assumed* and had a right to assume, — this is shown by the direction in the alias, not by the return, subsequently indorsed thereon, — that the defendant not served would be found within the county in which the court was held." In other words, the record in the case at bar shows an adjournment to enable service to be made in the home county* while in Reed v. Parker, supra, the record shows an adjournment to enable service tobe made in another county.

¶3Application for rehearing denied.

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