
    The People on the relation of John A. Bell and another v. The Judge of the Mecosta Circuit Court.
    
      ^Replevin: Allas viril: Personal service. An alias writ of replevin may be issued for the purposes of personal service merely, where the property has been seized on the original writ and turned over to the plaintiff, but there has been a failure of personal service for any reason during the lifetime of the original writ.
    
      Heard and decided January 14.
    
    Application for mandamus.
    
    Eobert A. Griffin brought replevin against the relators in the Mecosta circuit. The goods described in the writ were seized under the writ, and duly turned over to the plaintiff. The writ was returnable May 2, 1871. On June o, 1871, the following order was granted ex parte on application of the plaintiff’s attorneys, viz.: “In this case it appearing that all the proceedings are regular except that the original writ of replevin had not been served upon the said defendants on or before the return day thereof, on motion,” etc., “ordered that an alias writ of replevin do issue in this cause, returnable on the first Tuesday of July next.” An alias writ issued accordingly, which was served on the defendanfs, but no property was seized upon it. Motion was afterwards made on behalf of defendants to set aside the above order, the alias writ, the service thereof, and all proceedings had thereunder, which was denied. This application is to compel the respondent to do what was sought to be accomplished by said motion.
    
      Fuller & Parsons, for relators.
    
      K 8. Eggleston, for respondent.
   The Court

held that the order granted was not without authority. There is no objection to an alias replevin issuing under the circumstances of this case, and for the purposes of personal service merely; since, where the property has all been taken on the original writ, the only office which such alias writ performs, is that of a summons.

Mandamus denied.  