Hudson v. Saginaw Circuit Judge
Michigan Supreme Court
Mandamus by Joseph L. Hudson, receiver of the Third National Bank of Detroit, to compel Eugene Wilber, circuit judge of Saginaw county, to vacate an order quashing a writ of garnishment issued against Charles B. Gray and Edward Y. Swift, executors of the last will and testament of Aaron C. Fisher, deceased, as garnishee defend- ants of John E. Nolan.
1Opinion of the CourtHooker, J.
Nolan brought an action against Aaron C. Fisher in his lifetime, which culminated in a judgment against his executors, the same being affirmed by this court in 111 Mich. 56. Thereupon the relator garnished the executors, but the circuit court dismissed the proceedings, after disclosure, upon the ground that garnishment would not lie against executors.
It is a general rule that property in custody of the law is not subject to attachment or garnishment. The law *117does not permit one court to assume control over the representative of another court, or the property confided to his charge. By this it…
2Cases cited4 opinions
- Brooks v. CookMassachusetts Supreme Judicial Court · 1811
- Hardesty v. CampbellCourt of Appeals of Maryland · 1868
- Cohnen v. SweenieMichigan Supreme Court · 1895
- Nolan v. SwiftMichigan Supreme Court · 1896
3Cited by14 opinions
- State Ex Rel. Tuell v. Shelby Circuit CourtIndiana Supreme Court · 1939
- Cheff v. Athlone Industries, Inc.Supreme Court of Delaware · 1967
- Ostheimer v. McNuttIndiana Court of Appeals · 1946
- Campau v. Detroit Driving ClubMichigan Supreme Court · 1902
- Walden v. Crego's EstateMichigan Supreme Court · 1939
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