Legal Opinion
Lyon v. Kneeland
Michigan Supreme Court
Decided November 19, 1885PublishedCited by 1 opinion
Error to Clinton.. (Y. II. Smith, J.) Garnishment proceeding. Plaintiff brings error. A garnishee’s disclosure must show a clear and unqualified liability : Hacltley v. IlanitB 39 Mich. 398 ; Sexton v. Amos 39 Mich. 695; Spears v. Chapman 43 Mich. 541; Weirich v. Scribner 44 Mich. Y3 ; Walker v. E., G. E. <& M. E.JR. 49 Mich. 446.
1Opinion of the CourtCampbell, J.
The only question in this case is whether a garnishee’s answer showed such a debt due by him to the principal debtor that a judgment for any sum could be given upon it. It was as follows :
“ I know James McMannis; I made a bargain with him to' thresh the wheat and oats — to do the threshing; I don’t know whether I owe him or some one else for it. The threshing at time garnishee was made amounted to-$21.65, and he threshed balance of job to amount $10.54. After the garnishee was served upon me, I paid Mr. McMannis $10. I supposed the garnishee was a subpcenain another case, and put it in my…
2Cited by1 opinion
- Smith v. HollandMichigan Supreme Court · 1890