Legal Opinion

Montgomery v. Martin

Michigan Supreme Court

Decided March 19, 1895PublishedCited by 4 opinions

Error to Wayne. (Donovan, J.) Assumpsit. Defendants bring error. The facts are stated in the opinion.

1Opinion of the CourtHooker, J.

Martin was a constable, having given the statutory bond of $2,000. He collected $135.11 and costs, amounting in all to $144.50, from one Haggerty. At the time, he had in his hands an execution in the . case of Nelson & Moorey v. Haggerty for $133.61 damages and $1.50 costs; At the same time he had in his possession an execution against Nelson & Moorey ads. Wheeling & Lake Erie Coal Company. He also had what he calls a “body execution" against Haggerty, Garnishee of Nelson & Moorey, ads. Wheeling & Lake Erie Coal Company. These last two writs are not shown by the record, but it seems to be…

2Cases cited2 opinions

  1. Bishop v. FreemanMichigan Supreme Court · 1880
  2. Durfee v. DeanMichigan Supreme Court · 1884

3Cited by4 opinions

  1. Olson v. O'ConnorNorth Dakota Supreme Court · 1900
  2. Foust v. BibbCourt of Appeals of Texas · 1924
  3. People ex rel. Holmes v. CotteralMichigan Supreme Court · 1897
  4. Township of Richland v. CliffMichigan Supreme Court · 1902

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