Legal Opinion

Wilcke v. Duross

Michigan Supreme Court

Decided May 24, 1906No. Docket No. 171PublishedCited by 12 opinions

Appeal from Wayne; Mandell, J. Bill by Lucy Wilcke against Joseph Duross and Henry Weber, copartners as Duross & Weber, and Henry A. Dickson, sheriff, to set aside a judgment and execution. From a decree dismissing the bill, complainant appeals.

1Opinion of the CourtMontgomery, J.

The defendants Duross and Weber instituted a suit in justice’s court to recover of complainant a demand of $65.47. A return of a constable showed service upon complainant. Duross and Weber proceeded, to take judgment for their claim and costs, and later took a transcript to the circuit court, caused execution to be issued, and placed in the hands of defendant Dickson, as sheriff, who levied the same upon property of complainant of the value of $2,000 or more. Complainant thereupon served notice on Duross and Weber, and also upon the sheriff, stating that the judgment was void for the want, of…

2Cases cited3 opinions

  1. Finn v. AdamsMichigan Supreme Court · 1904
  2. Farmers & Mechanics Bank v. KerchevalMichigan Supreme Court · 1853
  3. O'Connor v. WhiteMichigan Supreme Court · 1900

3Cited by12 opinions

  1. Guastello v. Citizens Mutual InsuranceMichigan Court of Appeals · 1968
  2. Grange Insurance Co of Michigan v. Edward LawrenceMichigan Supreme Court · 2013
  3. Postal Telegraph-Cable Co. v. Superior CourtCalifornia Court of Appeal · 1913
  4. Wilmer v. EpsteinCourt of Appeals of Maryland · 1911
  5. Garey v. Morley BrothersMichigan Supreme Court · 1926

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