Citizens Mutual Automobile Insurance v. Gardner

Defendant Gardner, hereinafter referred to as the defendant, appeals from an order of the circuit court denying a motion to dismiss garnishment proceedings to enforce a judgment. The mo-, tion was based on a discharge in bankruptcy granted to defendant following the judgment. The question at issue is whether the defendant was released from liability on the judgment as a result of the proceeding in the bankruptcy court.

The plaintiff is a Michigan corporation and, for a number of years past, has been engaged in the writing of insurance oil motor vehicles. For some time prior to September, 1935,…