Heald v. Montcalm Circuit Judge
Michigan Supreme Court
Mandamus by Henry T. Heald, trustee in bankruptcy of the estate of Mattie Walker, bankrupt, to compel Frank D. M. Davis, Montcalm circuit judge, to set aside an order vacating a judgment upon a garnishee’s disclosure. Relator, as trustee, brought suit against one Eliza Close upon a promissory note, and on the same day, April 2, 1910, caused a writ of garnishment to issue against one Mint Hockstra.
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Mandamus by Henry T. Heald, trustee in bankruptcy of the estate of Mattie Walker, bankrupt, to compel Frank D. M. Davis, Montcalm circuit judge, to set aside an order vacating a judgment upon a garnishee’s disclosure. Relator, as trustee, brought suit against one Eliza Close upon a promissory note, and on the same day, April 2, 1910, caused a writ of garnishment to issue against one Mint Hockstra. This writ was duly served upon Hockstra, who, on April 16, 1910, filed a written disclosure denying all indebtedness to the principal defendant. An order was made for an oral examination of the…
1Opinion of the CourtBrooke, J.
(after stating the facts). The return of the respondent shows that the learned circuit judge set aside the judgment as to Hockstra because there should have been notice to Hockstra that judgment would be asked, and no suchjnotice was shown.
Plaintiff relies upon the provisions of 3 Comp. Laws, § 10610:
“The affidavit for the writ of garnishment shall be held and considered as a declaration by the plaintiff in trover against the garnishee as defendant, where the garnishee is chargeable for property and for money had and received, when he is chargeable upon indebtedness against the garnishee, and…
2Cases cited1 opinion
- King v. HarriganMichigan Supreme Court · 1906