Legal Opinion

Hyde v. Nelson

Michigan Supreme Court

Decided May 30, 1863PublishedCited by 30 opinions

Certiorari to F. B. Porter, Esq., Circuit Court Commissioner for Wayne county, who had made an order dissolving an attachment issued in Hyde’s favor against Nelson, from the Wayne Circuit Court.

1Opinion of the Court

Campbell J.:

A motion was made before 'a Circuit Court Commissioner to dissolve an attachment, which upon hearing of proof was granted. It is now alleged on certiorari that the order dissolving the attachment was erroneous.

The suit was at issue in the Circuit Court; and it is claimed that no application can be made to dissolve an attachment after appearance.

The statute authorizing these applications does not limit the time when they may be made. It declares that in all cases where the writ has been issued and served, it shall be lawful for any defendant, whose property may be attached, to…

2Cases cited4 opinions

  1. Jackson v. PeopleMichigan Supreme Court · 1861
  2. Berry v. LoweMichigan Supreme Court · 1862
  3. Cicotte v. MorseMichigan Supreme Court · 1860
  4. Paddock v. MatthewsMichigan Supreme Court · 1853

3Cited by30 opinions

  1. Dryden v. SwinburneWest Virginia Supreme Court · 1882
  2. Erlandson v. Genesee County Employees' Retirement CommissionMichigan Supreme Court · 1953
  3. Smith v. City of PortlandOregon Supreme Court · 1894
  4. Conely v. McDonaldMichigan Supreme Court · 1879
  5. Genesee County Savings Bank v. Michigan Barge Co.Michigan Supreme Court · 1883

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