Ex parte Schulenburg
U.S. Circuit Court for the District of Eastern Michigan
This was a petition for the protection of this court against the alleged unlawful service of process from the superior court of Detroit.
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This was a petition for the protection of this court against the alleged unlawful service of process from the superior court of Detroit. The petition set forth, in substance, that petitioner was a citizen cf Missouri, and a resident of St. Louis; that, being a party defendant in a suit in this court, he received word from his attorney that his case would be tried on June 9th, and in compliance with this notice he left his home and came to Detroit for the express and only purpose of attending upon the trial of said caso, and as a material witness in his own behalf; that on the tenth of June…
1Opinion of the CourtBrown, J.
This is a renewal of an application made to this court for protection against the service of a writ of garnishment from the superior court of Detroit. The first application was made shortly after the service of the writ, and was denied by Mr. Justice Matthews *212and myself lipón the ground of comity; in other words, that we ought not to entertain the application until the petitioner had exhausted his remedy in the state court. No opinion was expressed upon the merits of the question involved. Petitioner’s motion to set aside the .service of the writ having been denied by the state court, he now…
2Cases cited14 opinions
- Person v. . GrierNew York Court of Appeals · 1876
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Parker v. HotchkissU.S. Circuit Court for the District of Eastern Pennsylvania · 1849
- In re HealeySupreme Court of Vermont · 1881
- Mitchell v. Huron Circuit JudgeMichigan Supreme Court · 1884
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3Cited by6 opinions
- Nye v. United StatesSupreme Court of the United States · 1941
- Roschynialski v. HaleDistrict Court, D. Nebraska · 1913
- Skinner & Mounce Co. v. WaiteU.S. Circuit Court for the District of Idaho · 1907
- United States v. ZaveloDistrict Court, N.D. Alabama · 1910
- McCaully v. StatesCourt of Appeals for the D.C. Circuit · 1905
1 more not listed; retrieve them via the Exa API.