McMillan v. Schneider
Michigan Supreme Court
Error to Wayne; Robnert, J. Garnishment proceedings by Margaret McMillan against William Schneider as garnishee of William Lappin. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. Plaintiff and appellee, in October, 1904, began suit against one William Lappin in the justices’ courts of Detroit, and, in November, 1904, she recovered a judgment for $197.50, damages, and $3.75, costs of suit.
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Error to Wayne; Robnert, J. Garnishment proceedings by Margaret McMillan against William Schneider as garnishee of William Lappin. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. Plaintiff and appellee, in October, 1904, began suit against one William Lappin in the justices’ courts of Detroit, and, in November, 1904, she recovered a judgment for $197.50, damages, and $3.75, costs of suit. At the same time, she instituted garnishment proceedings against appellant as garnishee of Lappin, and in the garnishment proceeding, in January, 1905, she…
1Opinion of the CourtOstrander, J.
(after stating the facts). The contract for the improvement and the performance of labor thereunder do not support the asserted lien. The statute before amendment read:
“And in case the title * * * is held by husband and wife jointly, the lien given by this act shall attach to such lands and improvements, if the improvements be made in pursuance of a contract with both of them, or in pursuance of a contract with one of them by and with the knowledge and consent of the other.” Section 2, Act No. 179, Pub. Acts 1891.
The decision in Jossman v. Rice, 121 Mich. 270, in which this statute was…
2Cases cited5 opinions
- Hanley v. WalkerMichigan Supreme Court · 1890
- Jossman v. RiceMichigan Supreme Court · 1899
- Webber v. BolteMichigan Supreme Court · 1883
- Wiltsie v. HarveyMichigan Supreme Court · 1897
- Dittmer v. BathMichigan Supreme Court · 1898
3Cited by5 opinions
- Wallich Lumber Co. v. GoldsMichigan Supreme Court · 1965
- Burman v. EwaldMichigan Supreme Court · 1916
- F. M. Sibley Lumber Co. v. LettermanMichigan Supreme Court · 1926
- Holland Furnace Co. v. HartigMichigan Supreme Court · 1914
- Sheldon, Kamm & Co. v. BremerMichigan Supreme Court · 1911