Wellover v. Soule
Michigan Supreme Court
Error to Allegan Circuit. Wellover sued one Emily Piersons before a justice of the peace and garnished George G. Soule. The garnishee summons was dated April 28, 1873, and was served the same day. The return day named in the summons was April 10th, 1873. On May 10th, 1873, the garnishee defendant appeared and answered.
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Error to Allegan Circuit. Wellover sued one Emily Piersons before a justice of the peace and garnished George G. Soule. The garnishee summons was dated April 28, 1873, and was served the same day. The return day named in the summons was April 10th, 1873. On May 10th, 1873, the garnishee defendant appeared and answered. His answer showed that he individually was not indebted to the principal defendant, but that the firm of Winegar & Soule, of which he was a member, was indebted to her in the sum of one hundred and eighty-two dollars. The justice having rendered judgment in favor of the…
1Opinion of the CourtCooley, J.
The circuit judge was mistaken in supposing that the error of the justice in making the garnishee summons returnable on the tenth day of April, instead of the tenth day of May, was fatal to the proceedings. This was obviously a mere clerical error, and the appearance and answer of the garnishee on the day intended, was a waiver of the error, and the summons might then have been amended, or the mistake disregarded.
But we also think that no mistake has been committed of which the plaintiff can complain. The garnishee’s answer negatived any separate liability to the principal *483•debtor, and in any…
2Cases cited1 opinion
- Newell v. BlairMichigan Supreme Court · 1859
3Cited by9 opinions
- Fletcher v. WearSupreme Court of Missouri · 1884
- Munn v. HaynesMichigan Supreme Court · 1881
- Barr v. WarnerOregon Supreme Court · 1900
- Gilmore & Ruhl v. CohnSupreme Court of Iowa · 1897
- Shevin v. Venderbush CompanyMichigan Supreme Court · 1937
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