Legal Opinion

McGuire v. McKnight

Michigan Supreme Court

Decided June 26, 1894PublishedCited by 2 opinions

Mandamus. Relator applied for mandamus to require the respondent to set aside an order vacating an attachment in a log-lien suit. The facts are stated in the opinion.

1Opinion of the CourtMontgomery, J.

This is an application for a mandamus to require the circuit judge to set aside an order vacating an attachment brought under the log-lien act, on the ground that there was no proper service of the writ upon the principal defendant or upon the log-owners or those in custody of the logs, for the reason that no copy of an inventory was served, as required by the general attachment statute, nor was any made.

The general statute (How. Stat. § 7991) requires a service of the copy of inventory, and in all cases, except under the log-lien law, the failure to make such service is fatal to the lien.…

2Cases cited3 opinions

  1. Federspiel v. JohnstoneMichigan Supreme Court · 1891
  2. White v. PriorMichigan Supreme Court · 1891
  3. Stearns v. TaylorMichigan Supreme Court · 1873

3Cited by2 opinions

  1. Hatch v. Maple Valley TownshipMichigan Supreme Court · 1945
  2. Sheridan v. ColtonMichigan Supreme Court · 1897

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