Myers v. Prosser

40 Mich. 644 | Mich. | 1879

Marston, J.

There is a fatal error in this ease. The writ, which was made returnable August 6th, was returned, not personally served on defendant, August 5th. Afterwards the sheriff of his own motion made a farther return. This he could not do without leave of the court properly granted.

The judgment must be reversed with costs of both courts.

The other Justices concurred.