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Harriet Myers
v.
Thomas C. Prosser
v.
Thomas C. Prosser
Michigan Supreme Court.
Apr 24, 1879.
Published opinion
Anthony Coolc for plaintiff in error., T. G. Prosser and George Gartner for defendant in error.
Marston, Other.
Cited by 4 opinions | Published
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.