Patterson v. Goodrich
Michigan Supreme Court
Certiorari to Circuit Court Commissioner for Benzie county. This writ was brought for a review of proceedings had before the commissioner, on an application for the dissolution of an attachment issued out of the circuit court for Benzie county, on behalf of Goodrich and another, against the lands and tenements, goods and chattels of Patterson.
1Opinion of the CourtCooley, J.
The commissioner was in error in holding that because some of the property included in the attachment did not belong to the defendant, therefore he was not entitled to a dissolution of the attachment. It has been held in some cases that where the defendant has no claim to have the property restored to him, he cannot move to dissolve. — Chandler v. Nash, 6 Mich., 409; Price v. Reed, 20 Mich., 72. But if he is entitled to a portion of it there can be no doubt of his right to move, as his legal interest in that case is as clear as if he owned all. We need not therefore consider the point…
2Cases cited2 opinions
- Rawson v. ParsonsMichigan Supreme Court · 1859
- Price v. ReedMichigan Supreme Court · 1870
3Cited by2 opinions
- Boos v. ScudderMichigan Supreme Court · 1910
- Keweenaw Ass'n v. O'NielMichigan Supreme Court · 1899