Chandler v. Nash
Michigan Supreme Court
Certiorari to William B. Wells, a Notary Public and Attorney of the Supreme Court, acting- in the place of circuit court commissioner for the county of Ionia.
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Certiorari to William B. Wells, a Notary Public and Attorney of the Supreme Court, acting- in the place of circuit court commissioner for the county of Ionia. The proceeding before the notary ivas an application, on. the part of defendants in error, for the dissolution of am attachment issued from the Ionia Circuit Court against their property, at the suit of plaintiffs' in error; and was based upon the following petition: “To William B. Wells, Notary Public, residing in the county of Ionia: The petition of Martin A. Nash and Hiram T. Barstow, of the town of Ionia, in the county of Ionia.…
1Opinion of the Court
Christiancy J.:
Several questions are raised by the return to the certiorari in this cause, of which, however, we shall notice but two.
First, Conceding that the notary had all the power which could be exercised by a circuit court commissioner, the question arises, Whether the case presented by the application (petition) and the evidence, was such as to come within the jurisdiction of the commissioner.
The statute authorizing this special proceeding (Comp. L. p. 1275) provides that “It shall be lawful for any defendant, whose property may be attached by virtue of such writ, to apply to the judge…
2Cited by30 opinions
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- Wall v. TrumbullMichigan Supreme Court · 1867
- Underwood v. McDuffeeMichigan Supreme Court · 1867
- Little v. StateIndiana Supreme Court · 1883
- Dougherty v. CooperSupreme Court of Missouri · 1883
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