Webber v. Bolte

Cooley, J«

Two of the questions which were argued in *114this case seem to us to require no discussion, and we simply announce our conclusions.

1. The court should not have dismissed the case against the garnishees. The ground of the dismissal was delay in the proceedings. The case was begun September 16, 1881, and was being tried in December, 1882, when the trial judge on his own motion dismissed it, relying upon Blake v. Hubbard 45 Mich. 1, for his authority. The defense raised no question of laches, and it is shown that jury trial had been demanded, and it could not have been tried at the…