Moore v. Davis
Michigan Supreme Court
Error to Wayne. (Chambers, J.) Garnishment process. An intervening claimant brings «error. Courts have construed as an assignment, (a) a draft drawn generally; (b) a draft drawn for a portion of a designated fund ; (c) a draft drawn for the entire of a debt; (cl) a draft drawn for the entire of a •designated fund : Conioay v. Gutting 51 N. H. 407; Lewis v. Berry 64 Barb. 593 ; Wheatley v. Strobe 12 Cal. 92; Morton v. Naylor 1 Iiill 583 ; Harris v. Olark 3 Comst. 118; Lowery…
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Error to Wayne. (Chambers, J.) Garnishment process. An intervening claimant brings «error. Courts have construed as an assignment, (a) a draft drawn generally; (b) a draft drawn for a portion of a designated fund ; (c) a draft drawn for the entire of a debt; (cl) a draft drawn for the entire of a •designated fund : Conioay v. Gutting 51 N. H. 407; Lewis v. Berry 64 Barb. 593 ; Wheatley v. Strobe 12 Cal. 92; Morton v. Naylor 1 Iiill 583 ; Harris v. Olark 3 Comst. 118; Lowery v. Steward 25 N. Y. 239; Pa/rker v. Syracuse 31 N. Y. 376; Alger v. Seott 54 N. Y. 14; Munger v. Shannon 61 N. Y. 251;…
1Opinion of the CourtCooley, C. J.
On December 12, 1883, the plaintiff brought suit in assumpsit against Jonathan C. Davis, as defendant, and garnished Alexander B. Linn and William E. Linn as his debtors. Judgment was recovered in the principal suit, November 9, 1884, for the sum of $1110.99. The garnishees answered in the case, admitting their indebtedness *253to the amount of $139.65, but saying they had been notified the debt had been assigned to some bank at Madison, Indiana. Subsequently the First National Bank of Madison, Indiana, appeared as intervening claimant, and the case was tried by the circuit judge without a jury…
2Cases cited7 opinions
- Grammel v. CarmerMichigan Supreme Court · 1884
- First National Bank v. Dubuque Southwestern Railway Co.Supreme Court of Iowa · 1879
- Sands & Co. v. Matthews, Finley & Co.Supreme Court of Alabama · 1855
- J. E. Jones & Co. v. Pacific Wood, Lumber & Flume Co.Nevada Supreme Court · 1878
- L. J. Dolsen & Son v. E. Brown & SonSupreme Court of Louisiana · 1858
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3Cited by3 opinions
- First National Bank v. Hartman Steel Co.Supreme Court of Georgia · 1891
- First National Bank v. O'ByrneAppellate Court of Illinois · 1913
- Covert v. RhodesOhio Supreme Court · 1891