Sheldon v. Stewart
Michigan Supreme Court
Certiorari to John E. Nolan, circuit court commissioner. A circuit court commissioner cannot dissolve an attachment unless his order will restore the property to the defendant, Johnson v. DeWitt 36 Mich. 95; Chandler v. Nash 5 Mich. 409; Price v. Heed 20 Mich. 72; Zook v. Plough 42 Mich. 487; the commissioner’s finding cannot stand if it is against the evidence, (Brown v. Blanchard 39 Mich. 790) and the appellate court will examine to see whether the finding is justified by…
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Certiorari to John E. Nolan, circuit court commissioner. A circuit court commissioner cannot dissolve an attachment unless his order will restore the property to the defendant, Johnson v. DeWitt 36 Mich. 95; Chandler v. Nash 5 Mich. 409; Price v. Heed 20 Mich. 72; Zook v. Plough 42 Mich. 487; the commissioner’s finding cannot stand if it is against the evidence, (Brown v. Blanchard 39 Mich. 790) and the appellate court will examine to see whether the finding is justified by the facts, Jackson v. People 9 Mich. 111.
1Opinion of the CourtGraves, J.
The purpose of this proceeding is to obtain a reversal- of the adjudication of the circuit court commissioner dissolving an attachment sued out by the plaintiffs against the property of the defendant, upon the charge that he had disposed of certain of his property with intent to defraud his creditors.
*575It appeared on the hearing that the attached property was under levy of a large number of other attachments, and the objection is made that it hence resulted that the defendant was not entitled to possession, and so was not in a condition to prosecute the proceeding to dissolve. But we think the…
2Cases cited7 opinions
- Brown v. BlanchardMichigan Supreme Court · 1878
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1845
- State Bank v. WhittleMichigan Supreme Court · 1879
- United States v. WrightSupreme Court of the United States · 1871
- People ex rel. Horn v. Wayne Circuit JudgeMichigan Supreme Court · 1878
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3Cited by5 opinions
- Carver v. ChapellMichigan Supreme Court · 1888
- Belknap v. Township of BentonMichigan Supreme Court · 1912
- Lord v. WirtMichigan Supreme Court · 1893
- Drs. K. & K. U. S. Medical & Surgical Ass'n v. Post & Tribune Job Printing Co.Michigan Supreme Court · 1885
- Dimmock v. ColeMichigan Supreme Court · 1902