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7 Mich. 333

Maynard v. Penniman

Michigan Supreme Court

Decided November 2, 1859

Michigan Supreme Court · decided 1859-11-02

<p>No agent íot the service of papers can bo recognized' under the rules, unless residing at Detroit or Lansing.</p> <p>When notices are served upon the agent of an attorney, the distance of the attorney’s residence from the place of holding the court will determine the time for which notice must bo given, and not the distance of the agent’s residence from the court.</p>

Decided 1859-11-02

By the Court:

¶1We can recognize no agent for the purpose of the service of papers, unless residing at Detroit or Lansing.

¶2Besides, the time for which notice was given in this case was insufficient. It is the residence of the attorney, *334and not that of the agent, which determines the time for which notice must be given. Rule twenty - six requires a ten days notice where the attorney resides over a hundred miles from the place of hearing, and that should have been given in this case, whether served on an agent or personally.

¶3Motion denied.

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