Legal Opinion

Lyon v. Baldwin

Michigan Supreme Court

Decided December 21, 1916No. Docket No. 93PublishedCited by 11 opinions

Error to Montcalm; Davis, J. Garnishment proceedings by Edward D. Lyon and another against the State Bank of Carson City, as garnishee defendant of Harriet A. Baldwin and another. From an order denying a motion to set aside a default judgment for want of proper service of the writ, said garnishee defendant brings eiror.

1Opinion of the CourtOstrander, J.

On December 22, 1913, an order entering the appearance of the garnishee defendant and its default for want of a disclosure was entered. The *119garnishee defendant moved the court January 2, 1914, for an order setting aside the default because of the alleged defective service of the writ. The motion was denied.. A motion to set aside the return of service of the writ was made, based on the files and records in the cause and upon the affidavit of the cashier of the garnishee defendant, which, coming on to be heard, was denied. No other or further appearance of the garnishee defendant was entered.…

2Cases cited18 opinions

  1. Henderson v. . GrahamSupreme Court of North Carolina · 1881
  2. Ambler v. LeachWest Virginia Supreme Court · 1879
  3. Daniels v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1910
  4. Austin v. Lamar Fire InsuranceMassachusetts Supreme Judicial Court · 1871
  5. Laidley's Adm'rs v. Bright's Adm'rWest Virginia Supreme Court · 1881

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3Cited by11 opinions

  1. Harris v. TaylorSupreme Court of Georgia · 1919
  2. Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake CountyUtah Supreme Court · 1946
  3. Clabaugh v. Wayne Circuit JudgeMichigan Supreme Court · 1924
  4. Cukor v. CukorSupreme Court of Vermont · 1946
  5. Washington County v. . BlountSupreme Court of North Carolina · 1944

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