W. H. Warner Coal Co. v. Nelson
Michigan Supreme Court
Error to Mason; Withey, J. Garnishment proceedings by the W. H. Warner Coal Company against Charles Nelson, principal, and the Ludington State Bank, garnishee. Judgment for plaintiff on default. Defendant bank brings error. On February 18, 1915, plaintiff commenced suit against Charles Nelson in the circuit court for the county of Mason by summons.
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Error to Mason; Withey, J. Garnishment proceedings by the W. H. Warner Coal Company against Charles Nelson, principal, and the Ludington State Bank, garnishee. Judgment for plaintiff on default. Defendant bank brings error. On February 18, 1915, plaintiff commenced suit against Charles Nelson in the circuit court for the county of Mason by summons. On the same day it filed a proper affidavit and a writ of garnishment was issued against Ludington State Bank as garnishee defendant. The summons was served on Nelson the same day. The return of the sheriff also shows that on the same day the writ…
1Opinion of the CourtFellows, J.
(after stating the facts). The case is here upon writ of error sued out by the garnishee defendant alone, and we are therefore concerned only in the proceedings against it. We do not find it necessary to consider all the questions raised as we are satisfied that a disposition of one phase of the case is controlling. Appellant insists that the judgment against it was prematurely entered, and that in any event the joint judgment rendered against it and the principal defendant is neither valid nor warranted by law. In considering the question here involved we must take into consideration that…
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