McMullen v. Alger, 5
| Decision Date | 05 April 1954 |
| Docket Number | No. 5,5 |
| Citation | 63 N.W.2d 599,339 Mich. 175 |
| Parties | McMULLEN v. ALGER, Secretary of State. |
| Court | Michigan Supreme Court |
John L. Crandell, Northville, for appellant.
Frank G. Millard, Atty. Gen., Edmund E. Shepherd, Sol. Gen., Lansing, Daniel J. O'Hara, Asst. Atty. Gen., for appellee.
Before The Entire Bench.
Petitioner, Robert G. McMullen, filed a petition in the circuit court of Wayne county for an order to have vacated the order of the Secretary of State revoking his driver's license, and for restoration of the same to him.
The record shows that an automobile driver's license was duly and legally issued to petitioner with an expiration date of May 24, 1953, showing his address to be 205 Joy Street, Plymouth, Michigan, and change of address was endorsed thereon on November 7, 1950, showing his address to be 52797 Ten Mile Road, South Lyon, Michigan, and a second change of address was endorsed thereon on May 11, 1951, showing his address to be 1168 Helen Street, Inkster, Michigan. South Lyon is in Oakland county, while Plymouth and Inkster are in Wayne county. The changes of address were endorsed on the license by the respective police departments, according to the statute, C.L.1948, Supp.1952, § 257.315, Stat. Ann. § 9.2015.
On June 4, 1951, the State Police Department mailed petitioner a notice to appear for re-examination and interview by registered mail. The letter was addressed to petitioner at 52797 Ten Mile Road, South Lyon, Michigan, and on June 21, 1951, the letter was returned to the state police because of failure to deliver to petitioner. On July 31, 1951, a copy of this notice was sent to the chief of police at South Lyon with request for personal service. On August 1, 1951, the 'copy of notice' was returned to the state police with a notation that service could not be made on petitioner at the address given on Ten Mile Road. On August 22, 1951, an officer of the state police was directed to make personal service of the notice. On August 24, 1951, the officer called the home of petitioner's parents by telephone and told petitioner's mother that he had a notice to serve on petitioner. On the same day the officer located petitioner's father and left a copy of the notice with him by leaving it on his desk.
On September 18, 1951, the Secretary of State, acting upon the recommindation of the state police, signed an order revoking petitioner's license as of August 8, 1951, for a period of not year, and mailed it by registered mail to petitioner at his address on Ten Mile Road. This letter was returned on October 8, 1951, with the notation that it was unclaimed. On October 26, 1951, petitioner appeared before a justice of the peace in Northville, Michigan, to answer a traffic ticket for speding, and was served with a warrant which charged him with operating a motor vehicle when his driver's license was revoked. On November 9, 1951, petitioner Filed his petition in the circuit court...
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