Dunn v. Detroit Savings Bank
Michigan Supreme Court
Error to Wayne; Carpenter, J. Garnishment proceedings by Edward J. Dunn against the Detroit Savings Bank, as garnishee of Thomas Swan and others. The Union Trust Company intervened as claimant of the fund. From a judgment for claimant, plaintiff brings error.
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Error to Wayne; Carpenter, J. Garnishment proceedings by Edward J. Dunn against the Detroit Savings Bank, as garnishee of Thomas Swan and others. The Union Trust Company intervened as claimant of the fund. From a judgment for claimant, plaintiff brings error. Statement of case taken substantially from brief of claimant: Plaintiff, Dunn, holds a judgment against the principal defendant, Swan, rendered in 1894, and on June 1, 1897, took out a writ of garnishment, based on the judgment, against the Detroit Savings Bank. At the time the writ was issued, defendant Swan had $900 on deposit in the…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. The amendment was allowable. 2 How. Stat. § 7631; Newell v. Blair, 7 Mich. 103; Drake v. Railway Co., 69 Mich. 168 (13 Am. St. Rep. 382); Rock v. Collins, 99 Wis. 630. It is true that the issues had been submitted to the court on February 9th, but it was within the power of the court to open the case and allow an amendment at any time before judgment, upon due notice to the opposite party.
2. The bank was not estopped by its first' disclosure that, at the time of the service of the writ, it had no money in its hands belonging to Swan. It did not have at the time…
2Cases cited3 opinions
- Drake v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
- Newell v. BlairMichigan Supreme Court · 1859
- Rock v. CollinsWisconsin Supreme Court · 1898
3Cited by3 opinions
- M. M. Gantz Co. v. AlexanderMichigan Supreme Court · 1932
- Shank v. LippmanMichigan Supreme Court · 1929
- Holmquist v. SorensonMichigan Supreme Court · 1934