Esler v. Kent Circuit Judge
Michigan Supreme Court
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
- Dugas v. MathewsSupreme Court of Georgia · 1851
- Leavitt v. LyonsMassachusetts Supreme Judicial Court · 1875
- Fort Street Union Depot Co. v. BackusMichigan Supreme Court · 1895
- Westcott v. BoothSupreme Court of Alabama · 1873
3Cited by1 opinion
- Robert W. Irwin Co. v. Sterling, Inc.District Court, W.D. Michigan · 1953