87 Mich. 59 | Mich. | 1891
This suit was commenced by summons, to which defendant pleaded in abatement that the writ was signed, sealed, and delivered to the attorney for plaintiff in blank, and did not, when so delivered to said attorney, contain either the name of the parties, a statement 1 of the cause of action, the amount of damages, date of issue, or the day of the return. Plaintiff
The issue of writs in the manner complained of is not unusual. Indeed, the practice is general, and with the knowledge and consent of courts. Attorneys are officers of the court, and are subject to its summary jurisdiction. They are, as has been said, as essential to the successful working of the court as the clerks and sheriffs, and perhaps as the judges themselves. They are, for the convenience, not only of themselves, but of the other officers of the court, clothed with certain privileges, an abuse of which would be visited with severe punishment. They have access to files and records, they draft all orders and decrees, and generally enter rules and motions. There is no reason why the mere filling out of a summons by an attorney after the signature of the clerk, where no abuse is shown, should vitiate the writ.
In Caldwell v. Estell, 20 N. J. Law, 326, it was held that the clerk might permit an attorney to make out a transcript, and affix the signature of the clerk and seal of the court to the certificate required by law, where the clerk himself could truly certify to the matter set forth; it appearing that such had been the practice, with the sanction of the court.
■It is contended that “ if an attorney may do what was done here, there can be no compliance with the law relative to the payment of the county fee before commencement of suit, since the attorney may issue a process at a distance from the clerk’s office, and, if he fails of service, the clerk will never know that the process was issued,” and that “ the statute of limitations may be defeated by dating the summons -back.”
These objections are imaginary, rather than real. It is not contemplated that writs are to be signed and sealed without reference to the immediate commencement of
The judgment is affirmed, with costs. The record will be remanded, and the defendant allowed the usual time in which to plead over, if it desires.