Legal Opinion
Mendelsohn v. Smith
Michigan Supreme Court
Decided April 10, 1873PublishedCited by 1 opinion
Application for certiorari. The petitioner had sued out a writ of attachment and attached certain pictures. The defendant moved for its dissolution before a circuit court commissioner, and it was dissolved. On the hearing before the commissioner the question was raised, who owned the property attached. The plaintiff in attachment claimed the property as his own, and in the petition for a certiorari he insists that he owns it.
1Opinion of the Court
The Court
held that if the property was the petitioner’s, an attachment was not the proper process to obtain it by; and whether the attachment was properly dissolved or not, was therefore immaterial to his rights, and could not preclude his testing them in replevin.
Writ denied.
2Cited by1 opinion
- Paeth v. SquireMichigan Supreme Court · 1936