Legal Opinion
Posselius v. First National Bank
Michigan Supreme Court
Decided December 5, 1933No. Docket No. 14, Calendar No. 37,324PublishedCited by 11 opinions
1Opinion of the CourtNorth, J.
In an assumpsit suit against the principal defendant and before judgment therein, plaintiffs garnisheed the Ernst Kern Company. Both the principal defendant and the garnishee defendant moved to quash the writ of garnishment on the ground that the suit was against a national bank and garnishment proceeding could not be instituted prior to judgment. In so asserting, defendants rely on 12 USCA, § 91 (R. S. § 5242), which in part reads:
“No attachment, injunction, or execution shall be issued against such association or its property before final judgment in any suit, action, or proceeding in any…
2Cases cited8 opinions
- Pacific National Bank v. MixterSupreme Court of the United States · 1888
- Van Reed v. People's National Bank of LebanonSupreme Court of the United States · 1905
- Common Council of Detroit v. RushMichigan Supreme Court · 1890
- People ex rel. Whipple v. Judge of Saginaw Circuit CourtMichigan Supreme Court · 1873
- Bethel v. ChipmanMichigan Supreme Court · 1885
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3Cited by11 opinions
- Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940
- Maryland Casualty Company v. Citizens National Bank of West HollywoodCourt of Appeals for the Fifth Circuit · 1966
- Scholten v. RhoadesMichigan Court of Appeals · 1976
- Citizens for Pre-Trial Justice v. GoldfarbMichigan Court of Appeals · 1979
- Phelan v. Atlantic National BankMassachusetts Supreme Judicial Court · 1938
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