Legal Opinion

S. K. Martin Lumber Co. v. Menominee Circuit Judge

Michigan Supreme Court

Decided March 15, 1898PublishedCited by 4 opinions

Mandamus by tbe S. K. Martin Lumber Company to compel John W. Stone, circuit judge of Menominee county, to quash a writ of attachment.

1Opinion of the CourtHooker, J.

An action was brought by the city of Menominee against the relator by writ of attachment issued upon .filing the usual affidavit. The defendant, who is the relator, appeared specially, and moved to dismiss the proceedings, filing a stipulation of fact in the case. The grounds relied upon are:

“1. That no debt is owing by the defendant to the plaintiff in the attachment suit.
“2. That, if any debt exists against any one, it is not subject to recovery through attachment.
“3. That the statute does not authorize a suit to be brought for the collection of a tax against any one but the person actually…

2Cited by4 opinions

  1. City of Flint v. Genesee Circuit JudgeMichigan Supreme Court · 1906
  2. Barsky v. KatzMichigan Supreme Court · 1927
  3. Michigan Public Utilities Commission v. Michigan State Telephone Co.Michigan Supreme Court · 1924
  4. Ruggles v. Muskegon Circuit JudgeMichigan Supreme Court · 1900

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