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6 Mich. 242

Fessenden v. Hill

Michigan Supreme Court

Decided January 12, 1859

Michigan Supreme Court · decided 1859-01-12

Hill commenced suit against Fessenden in the District Court of the Upper Peninsula, for the county of Houghton, by attachment. The affidavit for attachment, based upon the non-residence of a defendant, was made February 23d, 1857, and the writ issued thereon bore date two days thereafter.

Cited by 1 later decisions — most recently June 1937

1 state decisions

Relies on Wilson v. Arnold

Good law ✅— No negative treatment on recordhow we know

Decided 1859-01-12

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The Chiee Justice:

¶1The affidavit in this case having been made two days before the writ issued, the judgment can not be supported, — Wilson v. Arnold, 5 Mich. 98. This point being decisive of the case, we do not think it proper for us to hear an argument upon the other questions raised, and give opinions upon them.

¶2Judgment reversed.

Manning J. did not sit in this case.
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