Newell v. Blair
Michigan Supreme Court
Case reserved from Jackson Circuit. Blair and Gibson were summoned by plaintiffs as garnishees of one Smith. Blair appeared before the justice, and made his statement under oath, which was reduced to writing, and subscribed by him, whereby he admitted that there was in the hands of the garnishees $123.35, collected by them on notes left by Smith for collection; but stated that after tlie service of the garnishee summons, Smith showed him what purported to be copies of a bill…
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Case reserved from Jackson Circuit. Blair and Gibson were summoned by plaintiffs as garnishees of one Smith. Blair appeared before the justice, and made his statement under oath, which was reduced to writing, and subscribed by him, whereby he admitted that there was in the hands of the garnishees $123.35, collected by them on notes left by Smith for collection; but stated that after tlie service of the garnishee summons, Smith showed him what purported to be copies of a bill of sale of all his notes and accounts in Michigan to two men in Albany, N. Y., and of a power of attorney from those…
1Opinion of the Court
Campbell J.:
The first question reserved is answered by the statute. It provides in express terms {Comp. I, §4186) that either party to garnishee proceedings shall be entitled to an appeal, as in other cases. Where the statute gives an absolute right, the court to which an appeal lies from the justice has jurisdiction in these appeals as in other cases — the only distinction being, that upon the trial the peculiarity of the evidence may modify its action. It is not to be denied that there are many peculiarities in the act, and it is in some respects impracticable; but so far as it can be…
2Cited by9 opinions
- Noyes v. RossMontana Supreme Court · 1899
- Wellover v. SouleMichigan Supreme Court · 1874
- Isabelle v. Iron Cliffs Co.Michigan Supreme Court · 1885
- Ball v. YoungMichigan Supreme Court · 1884
- Tabor v. Van VrankenMichigan Supreme Court · 1878
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