Savidge v. Padgham
Michigan Supreme Court
Mandamus. Relator applied for mandamus to compel respondent to set aside an order vacating a judgment in an attachment suit and dismissing the' writ. The facts are stated in the opinion.
1Opinion of the CourtMontgomery, J.
This is an application for a mandamus. The relator, on the 6th of December, 1892, commenced a suit in attachment against one Ray Warner as defendant. By virtue of this writ certain property was attached, but no personal service had. Notice was given by publication, and the plaintiff proceeded to judgment, and caused an execution to issue, which was levied upon the same property attached, and the same was sold and turned over to the plaintiff, who became the purchaser. Subsequently the defendant appeared specially, and moved the court to set aside the judgment and dismiss the writ, for the…
2Cases cited2 opinions
- Bailey v. HallSupreme Judicial Court of Maine · 1839
- Woolkins v. HaidMichigan Supreme Court · 1882
3Cited by1 opinion
- Goodspeed v. SmithMichigan Supreme Court · 1910