
    Harriet Myers v. Thomas C. Prosser.
    
      Attachment — Amended return.
    
    A writ of attachment was returned before the return, day without, personal service. Held that a' farther return could not be made' without leave of court.
    Error to Superior Court of Detroit.
    Submitted April 11.
    Decided April 24.
    Assumpsit. Defendant brings error.
    
      Anthony Coolc for plaintiff in error.
    A return without personal service in attachment before the return day is premature, King v. Harrington, 14 Mich., 541; personal service must be made if it can be, and the jurisdiction! depends on a proper return showing diligence, Withington v. Southworth, 26 Mich., 381; Nicolls v Lawrence, 30 Mich., 395; Town v. Tabor, 34 Mich., 262; attachment proceedings must conform to the statute, Buckley v. Lowry, 2 Mich., 418; Roelofson v. Hatch, 3 Mich., 277; Greenvault v. Breese, 2 Doug. (Mich.), 498; Drake on Attachments [4th ed.], § 85; Platt v. Stewart, 10 Mich., 260; an officer cannot of right amend a return once made (Miller v. Shackleford, 4 Dana, 266; Palmer v. Thayer, 28 Conn., 244; Hill v. Cunningham, 25 Tex., 32) without leave of court on cause shown. Welsh v. Joy, 13 Pick., 477; Drake on Attachments, § 211.
    
      T. G. Prosser and George Gartner for defendant in error.
   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.  