Bethel v. Chipman
Michigan Supreme Court
Mandamus. Debts due a firm continue subject to garnishment «ven though in the principal action a verdict is taken against only part of the firm: Ga/y v. Johnson 32 N. H. 167 ; see Whittemore v. Elliott 7 Hun 518; Inbusch v. FarwellA Black 566. •claimed the garnishees should be discharged: Markham v. Gehan 42 Mich. 74; Ford v. Dry Dock Go. 50' Mich. 358 ; in a garnishee case the affidavit becomes the, declaration, and is in trover for the conversion óf property and in…
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Mandamus. Debts due a firm continue subject to garnishment «ven though in the principal action a verdict is taken against only part of the firm: Ga/y v. Johnson 32 N. H. 167 ; see Whittemore v. Elliott 7 Hun 518; Inbusch v. FarwellA Black 566. •claimed the garnishees should be discharged: Markham v. Gehan 42 Mich. 74; Ford v. Dry Dock Go. 50' Mich. 358 ; in a garnishee case the affidavit becomes the, declaration, and is in trover for the conversion óf property and in assumpsit for money had and received of the principal defendants, to the extént of whatever judgment the plaintiff has…
1Opinion of the CourtChamplin, J.
This is a petition for mandamus to compel the respondent to vacate an order dismissing garnishee proceedings. Louis N. Moran and Amadeus T. Moran were co-partners doing business in the city of Detroit under the firm name of Moran Bros. The firm became indebted to different parties, among whom was the plaintiff, who instituted a suit to recover the amount due him, and at' the same time garnished the firm of A. B. & W. F. Linn. The garnishees filed a disclosure denying any liability. Proceedings were taken under the statute for an oral examination of the garnishees, which was had.
In the…
2Cases cited2 opinions
- Martz v. Detroit Fire & Marine InsuranceMichigan Supreme Court · 1873
- Hopson v. DinanMichigan Supreme Court · 1882
3Cited by13 opinions
- In re RansfordCourt of Appeals for the Sixth Circuit · 1912
- Bragg v. GaynorWisconsin Supreme Court · 1893
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Rickman v. RickmanMichigan Supreme Court · 1914
- Posselius v. First National BankMichigan Supreme Court · 1933
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