Nachtegall v. Reilley
Michigan Supreme Court
Error to Kent; Perkins, J. Garnishment by Alfred Nachtegall against James Reilley, principal defendant, and Gaius W. Perkins, garnishee defendant. An order dismissing the proceedings on motion of principal defendant to quash, is reviewed by plaintiff on writ of error. Prior to August 37, 1909, differences had arisen between the Nachtegall Manufacturing Company and James E. Reilley and Eugene H. Reilley.
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Error to Kent; Perkins, J. Garnishment by Alfred Nachtegall against James Reilley, principal defendant, and Gaius W. Perkins, garnishee defendant. An order dismissing the proceedings on motion of principal defendant to quash, is reviewed by plaintiff on writ of error. Prior to August 37, 1909, differences had arisen between the Nachtegall Manufacturing Company and James E. Reilley and Eugene H. Reilley. These differences were adjusted by the execution of the following contract: “Agreement between the Nachtegall Manufacturing Company, of Grand Rapids, Michigan, J. E. Reilley and Eugene H.…
1Opinion of the CourtBrooke, J.
(after stating the facts). The question to be determined seems to be whether or not the fund in the hands of the garnishee defendant (in which he claims no beneficial interest) is in fact the property of the principal defendant, and therefore lihble to garnishment. There is here no dispute between the plaintiff and the *351garnishee defendant; it is admitted that he holds the fund under the contract as stated in his disclosure.
It is claimed by the plaintiff that an examination of the contract will demonstrate that as to this $1,000 the principal defendant, James E. Reilley, is the sole owner…
2Cases cited8 opinions
- Garton v. Union City National BankMichigan Supreme Court · 1876
- Kennedy v. McLellanMichigan Supreme Court · 1889
- Stone v. DowlingMichigan Supreme Court · 1899
- Michigan State Bank v. TrowbridgeMichigan Supreme Court · 1892
- Markham v. GehanMichigan Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ryan v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Battjes Fuel & Building Material Co. v. MilanowskiMichigan Supreme Court · 1926
- Roof v. BlakeMichigan Supreme Court · 1915