People ex rel. McCloskey v. Judge of Wayne Circuit Court

Decision Date29 October 1872
Citation26 Mich. 100
CourtMichigan Supreme Court
PartiesThe People on the relation of Victorine McCloskey v. The Judge of the Wayne Circuit Court

Heard October 29, 1872

An application for prohibition to restrain the respondent from entertaining jurisdiction of certain garnishee proceedings.

Writ granted.

H. B. Brown, for the relator.

L. T. Griffin, for the respondent.

OPINION

PER CURIAM:

Motion for prohibition. It appears that a summons from the Wayne circuit court was issued against a non-resident of the state, and who was not found in the state. A garnishee summons was thereupon taken out, directed to Monroe county, and served there. Afterwards notice of the proceedings was served upon the principal defendant in New York. Thus no service whatever was made in Wayne county, upon either principal defendant, or garnishee.

The Wayne circuit court acquired no jurisdiction of the case. To give jurisdiction for the purpose of supporting the garnishee proceedings, it is necessary that some sort of service as to the principal defendant, should be made within the county, either upon the person, or upon property or credits. Merely taking out a summons, which is never served, is not enough. The statute which authorizes the service of notice out of the state, presupposes that some sort of service has been made in the county, giving the court jurisdiction; and the notice is required for the purpose of fairness, and to preclude secret and collusive proceedings.

Writ granted.

Christiancy, Ch. J., did not sit in this case.

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15 cases
  • Hartigan v. Bd. Op Regents Of West Va. Univ.
    • United States
    • Supreme Court of West Virginia
    • March 9, 1901
    ...of San Francisco, 123 Cal. 290, 55 Pac. 985; People v. Fitzgerald, 15 App. Div. 539, 44 N. Y. Supp. 556; People v. Wayne Circuit Judge, 26 Mich. 100; Howard v. Pierce, 38 Mo. 296; State v. Mitchell, 2 Bailey, 225; State v. Superior Court of King Co., 15 Wash. 500, 46 Pac. 1031; State v. Jud......
  • Hartigan v. Board of Regents of West Virginia University
    • United States
    • Supreme Court of West Virginia
    • March 9, 1901
    ...Mfg. Co. v. Superior Court of San Francisco, 123 Cal. 290, 55 P. 985; People v. Fitzgerald, 15 A.D. 539, 44 N.Y.S. 556; People v. Wayne Circuit Judge, 26 Mich. 100; Howard v. Pierce, 38 Mo. 296; State v. 2 Bailey, 225; State v. Superior Court of King Co., 15 Wash. 500, 46 P. 1031; State v. ......
  • State ex rel. Poston v. District Court of Eighth Judicial District, Fremont County
    • United States
    • United States State Supreme Court of Wyoming
    • July 1, 1924
    ...... County of Fremont and Robert R. Rose, Judge. Heard on. demurrer to the petition. . . ...581; Johns v. Nolting, 29. Cal. 510; People ex rel McCullum v. Gebhardt (Mich.) . 118 N.W. 16; Bacon ......
  • Hartigan v. Bd. Of Regents Of West Va. Univ.
    • United States
    • Supreme Court of West Virginia
    • March 9, 1901
    ...Court, 4 Wash. 655; Stupatrick Manufacturing Co. v. Superior Court, 123 Cal. 290; People v. Fitzgerald, 15 N. Y. App. Div. 539; People v. Judge, 26 Mich. 100; Howard v. Pierce, 38 Mo. 296; state v. Mitchell, 2 Bailey, L. (S. Car.) 225; State v. Superior Court, 15 Wash. 500; State v. Judge, ......
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