Marble v. Curran
Michigan Supreme Court
Error to Berrien. (Smith, J.) Debt on recognizance under fraudulent debtors’ act. Plaintiff brings error. The facts are stated in the opinion. The objections taken are too uncertain and indefinite to avail the defendant: Michigan State Ins.
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Error to Berrien. (Smith, J.) Debt on recognizance under fraudulent debtors’ act. Plaintiff brings error. The facts are stated in the opinion. The objections taken are too uncertain and indefinite to avail the defendant: Michigan State Ins. Co. v. Soule, 51 Mich. 313; Jochen v. Tibbetts, 50 Id. 35. All objections which could be waived, and which were omitted in the motion, must be deemed waived: Evanston v. Gunn, 99 U. S. 665. In Supe v. Francis, 49 Mich. 266, the sufficiency of affidavits under the statute, and the validity of bonds such as that now in suit, were fully considered. In Proctor…
1Opinion of the CourtSherwood, J.
On the twelfth day of February, 1874, the plaintiff in this case recovered a judgment against 'the defendant Patrick Curran, in the circuit court for the county •of Berrien, for the sum of $477.58. Upon this judgment execution was duly issued, and prior to 3une 5, 1875, was *285returned unsatisfied,, and on that day the plaintiff commenced proceedings against the defendant before a circuit court commissioner under the fraudulent debtors’ act, and made the following affidavit under How. Stat. § 8753, subd. 2 (to obtain a warrant against the defendant), viz.:
“State of Michigan, County of Berrien —…
2Cases cited2 opinions
- Proctor v. ProutMichigan Supreme Court · 1869
- Townsend v. PeopleMichigan Supreme Court · 1866
3Cited by4 opinions
- Cattermole v. Ionia Circuit JudgeMichigan Supreme Court · 1904
- Shaw v. AshfordMichigan Supreme Court · 1896
- Kaeppler v. Red River Valley National BankNorth Dakota Supreme Court · 1899
- Wright v. Wayne Circuit JudgeMichigan Supreme Court · 1899