Edgarton v. Hinchman
Michigan Supreme Court
Certiorari to the circuit court commissioner for Berrien county. On the 25th of April, 1859, Hinchman presented to said commissioner a petition, setting forth that plaintiffs in error had sued out of the circuit court for said county a writ of attachment against the property of himself and one Adams, upon an affidavit which was untrue in certain specified particulars, and that said attachment had been levied upon lands of the petitioner; wherefore he prayed that the…
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Certiorari to the circuit court commissioner for Berrien county. On the 25th of April, 1859, Hinchman presented to said commissioner a petition, setting forth that plaintiffs in error had sued out of the circuit court for said county a writ of attachment against the property of himself and one Adams, upon an affidavit which was untrue in certain specified particulars, and that said attachment had been levied upon lands of the petitioner; wherefore he prayed that the plaintiffs therein might be cited to show cause why said attachment should not be dissolved. The commissioner issued a citation…
1Opinion of the Court
Campbell J.:
An attachment having been levied upon the real estate of the defendant Hinchman, he moved before the circuit court commissioner to dissolve it. This motion was resisted upon several grounds, all falling within two1 heads, *354which are, 1st: That a motion will not lie under the statute to dissolve an attachment on lands; and 2d: That the circuit court commissioner had no power, under the Constitution, to dissolve an attachment.
The statute of 1851 (2 Comp. L. 1275) authorizes “any defendant, whose property may be attached,” to apply for a dissolution. This language is very broad, and,…
2Cited by6 opinions
- Risser v. HoytMichigan Supreme Court · 1884
- Genesee County Savings Bank v. Michigan Barge Co.Michigan Supreme Court · 1883
- Buback v. GovernorMichigan Supreme Court · 1968
- Rowe v. RoweMichigan Supreme Court · 1873
- Smith v. CollinsMichigan Supreme Court · 1879
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