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33 Mich. 307

Clark v. Lichtenberg

Michigan Supreme Court

Decided January 20, 1876

Michigan Supreme Court · decided 1876-01-20

This was an action upon a promissory note made by Clark & Kirchmaier and endorsed by Beclcel Bros. & Simpson. The suit was commenced by declaration against the members of both firms. Service was made at Detroit on Moses Beclcel on May 5, 1875, and was accepted on the same day by said Beckel for his brother and Simpson.

Cited by 3 later decisions — most recently March 1918

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-01-20

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Per, Curiam:

¶1This case is ruled by Denison v. Smith, supra p. 155. Service in a foreign county under the statute (Comp. L. 1871, § 5748) is not authorized until after the record shows proof of service on some of theNdefendants within the jurisdiction of the court. The most that this record can be claimed to have shown at the time of service on Clark and Kirehmaier in St. Clair county is, a service made on the other defendants within the jurisdiction, and proof thereof filed, on the same day that service was made on them in a distant county, without any showing as to which took place first. But, moreover, the certificate of sendee on Clark and Kirehmaier was insufficient as proof of such service.

¶2Judgment reversed.

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