Legal Opinion

Anderson v. Odell

Michigan Supreme Court

Decided October 17, 1883PublishedCited by 17 opinions

Error to Muslcegon. (Russell, J.) Garnishment. The garnishee brings error. A gamisbee can be charged only for such property as is liable to execution: Drake on Attachments (6th ed.) §§ 463, 480; Ciarlo v. Av-erill 31 Yt. 512; Wimterfield v. Mil. do St. P. Py.

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Error to Muslcegon. (Russell, J.) Garnishment. The garnishee brings error. A gamisbee can be charged only for such property as is liable to execution: Drake on Attachments (6th ed.) §§ 463, 480; Ciarlo v. Av-erill 31 Yt. 512; Wimterfield v. Mil. do St. P. Py. Co. 29 Wis. 589; if he allows judgment to be entered against him for exempt property, it will not protect him: Loch v. Johnson, 36 Me. 464; Pierce v. Chic. d¿ N. W. Py. 36 Wis. 283; if a garnishee has a valid lien on the defendant’s property in his possession the creditor cannot take it: Drake on Attachments § 533; Nathan v. dies 5…

1Opinion of the Court

Campbell, <J.

Defendant was sued as garnishee of defendants in the principal case, and the ground of liability was based on a claim that certain personal property which they had assigned to him was assigned in fraud of creditors. While some other questions may have had weight in the-case, the principal one, which probably would have controlling influence, arises out of a claim of exemption. The property was of such a nature as to be subject to exemption if retained by the assignors, and the court below so held. But it was also held that the exempt quality was lost by the transfer, and…

2Cases cited1 opinion

  1. Smith v. RumseyMichigan Supreme Court · 1876

3Cited by17 opinions

  1. Riggs v. SterlingMichigan Supreme Court · 1886
  2. Kleinert v. LefkowitzMichigan Supreme Court · 1935
  3. Gillespie v. Brown & Ryan Bros.Nebraska Supreme Court · 1884
  4. Turner v. DavidsonMichigan Supreme Court · 1924
  5. Eagle v. SmylieMichigan Supreme Court · 1901

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