Standard Encyclopaedia of Procedure Volume 3

Standard Encyclopaedia of Procedure Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...filed. Horton v. Monroe, 98 Mich. 195, 57 N. W. 109. 8. Bonrne 0. Hooker, 11 B. Mon. (Ky.) 23; VVillis v. Mooring, 63 Tex. 340. 9. Holmes U. King, 158 Mich. 445, 123 N. W. 1; Hitchcock v. Hahn, 60 Mich. 459. 27 N. W. 600; Paddock v. Smith, 2 Mich. N. P. 114; Scudder 0. Wilcox, 2 Mich. N. P. 35. Three Days Before Return Day.Drew 0. Claypool, 61 Mich. 233, 28 N. W. 78. Amendments have been allowed as to the date of the return." E. SUFFICIENCY or RETURN.---1. In Genera.l.--a. The Return Must Be Full and Intellligible.--A return must be intelligible; if its purport cannot be determined by applying it to the actual state of defendant's property, the court will not attempt to aid it by conjecture." A full return should be made, stating correctly the names of the parties," the court to which the process is returnable," what property has been attached under the writ," the date on which the levy Where the return shows substituted service made one day before the return day of the writ, this is a fatal defect, as the statute only allows substituted service when defendant cannot be found. Reynolds v. Marquette Circuit Judge, 125 Mich. 445, 84 N. W, 628. See Scudder 1: . Wilcox, 2 Mich. N. P. 35. 10. Johnson v. Day, 17 Pick. Mesa; 106; Haven v. Snow, 14 Pick. iMass. 28; Kidd v. Dougherty, 59 Mich. 240, 26 N. W. 510. Where the records have been mutilated by some unknown person, by changing the date of the return, of register'; minutes thereon, and of the record of attachment, the oflicer may be permitted to restore the true date of his return. Weston v. Mt. Desert, etc., Land Co., 88 Me. 306, 34 Atl. 159. A lien is effected when the oificer files a copy of the writ and his return with the clerk, and it is not...
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Product details

  • Paperback | 578 pages
  • 189 x 246 x 30mm | 1,021g
  • United States
  • English
  • black & white illustrations
  • 1236739671
  • 9781236739674