Moore v. Davis
Michigan Supreme Court
Error to Wayne. (Chambers, J.) Garnishment proceeding. An intervening claimant brings error. Amendments should not be permitted when they would destroy or impair the rights which third persons have acquired without notice: Herm. Executions 56; Davidson v. Gowan 1 Dev. 304; Bank v. Williamson 2 Ired. 147; Williams v. Sharpe 70 N. C. 582; Foster v. Woodjrn 65 N. O. 29; Ohio L. da T. Go. v. Urbana Ins.
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Error to Wayne. (Chambers, J.) Garnishment proceeding. An intervening claimant brings error. Amendments should not be permitted when they would destroy or impair the rights which third persons have acquired without notice: Herm. Executions 56; Davidson v. Gowan 1 Dev. 304; Bank v. Williamson 2 Ired. 147; Williams v. Sharpe 70 N. C. 582; Foster v. Woodjrn 65 N. O. 29; Ohio L. da T. Go. v. Urbana Ins. Go. 13 Ohio 220; cases of amendments held void or disallowed as to subsequent proceedings: Putnam v. Hall 3 Pick. 445 ; Denny v. Ward id. 199 ; Peek v. Sill 3 Conn. 157; Drew v. Bank 55 Me. 450;…
1Opinion of the CourtSherwood, J.
In a cause entitled as above a judgment was rendered in favor of the plaintiff and against the garnishee defendant for the sum of $71.25, with costs to be taxed, in the circuit court for the county of Wayne, on the *2712th day of January, 1885. William J. Graham, the intervening claimant, brings the case into this Court by writ of error.
On December 12, 1883, defendant Inslee was indebted to defendant Davis in the sum of $71.25, and on that day the plaintiff commenced suit against John C. Davis, as a nonresident, under the provisions of How. Stat. § 8087, and summoned Inslee as garnishee of the…
2Cases cited9 opinions
- Foster v. . WoodfinSupreme Court of North Carolina · 1871
- Williams v. PomeroySupreme Court of Minnesota · 1880
- Peck v. SillSupreme Court of Connecticut · 1819
- Garrison v. PeopleIllinois Supreme Court · 1859
- Williams v. . SharpeSupreme Court of North Carolina · 1874
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3Cited by3 opinions
- Johnson v. HessIndiana Supreme Court · 1890
- Lorie v. AbernathyMissouri Court of Appeals · 1895
- Thompson v. SimpsonMissouri Court of Appeals · 1910