Legal Opinion

Esler v. Kent Circuit Judge

Michigan Supreme Court

Decided March 11, 1896PublishedCited by 1 opinion

Mandamus by Alexander D. Esler to compel Allen 0, Adsit, circuit judge of Kent county, to set aside an order vacating a judgment recovered by the relator in a garnishment proceeding.

1Opinion of the CourtMontgomery, J.

This application for mandamus presents the question of whether a defendant who has recovered a judgment against the plaintiff may sue out a writ of garnishment, based on such judgment, against a third party. The circuit judge held that the defendant is not entitled to the remedy.

The statute (3 How. Stat. § 8058) reads as follows:

‘ ‘ That in all personal actions arising upon contract, express or implied, brought in the several [circuit] courts or municipal courts of civil jurisdiction, whether commenced by declaration, writs of capias, summons, or attachment, and in all cases where there…

2Cases cited4 opinions

  1. Dugas v. MathewsSupreme Court of Georgia · 1851
  2. Leavitt v. LyonsMassachusetts Supreme Judicial Court · 1875
  3. Fort Street Union Depot Co. v. BackusMichigan Supreme Court · 1895
  4. Westcott v. BoothSupreme Court of Alabama · 1873

3Cited by1 opinion

  1. Robert W. Irwin Co. v. Sterling, Inc.District Court, W.D. Michigan · 1953

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