Legal Opinion

Bane v. Keys

Michigan Supreme Court

Decided December 15, 1897PublishedCited by 3 opinions

Certiorari to Clinton; Daboll, J. Attachment proceedings by George Bane against Horace N. Keys. Plaintiff brings certiorari to review an order dissolving the writ.

1Opinion of the CourtHooker, J.

As a prerequisite to the dissolution of an attachment, a sworn petition, denying the existence of the facts alleged in the affidavit as the grounds for attachment, must be filed; and more than one ground may exist. Detroit Free Press Co. v. Surgical Ass’n, 64 Mich. 605. It is not enough that some of these grounds are negatived, but all of them must be. In the case of First Nat. Bank v. Steele, 81 Mich. 93, Mr. Justice Grant, with the approval of the entire bench, said, in speaking of the requisites of a petition for dissolution of an attachment:

*245“In his petition for dissolution, he ‘denies…

2Cases cited3 opinions

  1. Kegel v. SchrenkheisenMichigan Supreme Court · 1877
  2. Detroit Free Press Co. v. Drs. K. & K. U. S. Medical & Surgical Ass'nMichigan Supreme Court · 1887
  3. First National Bank v. SteeleMichigan Supreme Court · 1890

3Cited by3 opinions

  1. Watson v. LoewenbergOregon Supreme Court · 1899
  2. Stock v. ReynoldsMichigan Supreme Court · 1899
  3. Le Faivre v. Kess-line MotorsMichigan Supreme Court · 1923

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