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An Important Decision

An Important Decision image
Parent Issue
Day
19
Month
November
Year
1886
Copyright
Public Domain
OCR Text

8mce Judge Holden has presided in the probate oourt of this county it has been his ïu vnriablecustoni topublisn legal notioes from that court in any paper iu the connty in which the interested parties desired, thoug under tue law the naming of the paper is entirely in bis discretion. Reoently, however, he was asked to make pubücation in a Oerman paper. The judge replied that he would be much pleased to do so if it would comply with the reqiuremente of the statute, whioh he doubted, and went to Lansing for the purpose of examining the authorities in the state library. The examination, it seems, conflrmed his belief, and he therefore deolind to order publicación in a Germán paper, holding that such a publication would not be a "legal notice" within the meaning of the law, and oited the oase of Grahnm vb, King, 50th Mo. Reporte, page 22, where that oourt under a similar statute to ours, requiring all legal notes to be published in the English language, says: "When notices are to be published in a paper, an English paper ia always intended uniese it is expressed to be other-wise in the law. The insertion of an English advertisement in a Germán paper would generally give lesa pubhoity to it than if it were published in the Germán language, as those among whom the paper oiroulated would not be able to read it in the English tongue, and if it were published in Germán it would be a sealed book to most those who rea1 and speak English. The English notice publiahed in the Germán paper was obviously bad." In tbis county not only have many "legal notices" trom the probate court been published in the Germán papers, but mortgage fore. losures and other notices have also been so published, and if Judge Holden 's opinión sbonld be sustained by the supreme court of this state, as it seems it is in other states, a great ripping up of titles may follow, not only in this county but elsewhere througbout the state where it is the practico to publish "legal uoticee" in the Germán and Frenen papers. - Saginaw Oourier of Nov. 14. If this decisión should be sustained by our own supreme court, it will seriously eftect the title to a large amount of property in Washtenaw county, as a large number of legal noticus have been published in the past few years in the Post and Journal, papers printed in the Germán language.

Article

Subjects
Old News
Ann Arbor Democrat