Legal Opinion

Union National Bank v. Muskegon Circuit Judge

Michigan Supreme Court

Decided July 18, 1898PublishedCited by 5 opinions

Mandamus by the Union National Bank of Chicago to compel Fred J. Russell, circuit judge of Muskegon county, to reinstate a writ of garnishment.

1Per curiam

April 12, 1898, relator caused a writ of garnishment to issue out of the Muskegon circuit court. The writ was personally served on the garnishee defendants, who answered, denying all liability, and thereupon moved the court to dismiss the writ for the reasons (1) that the affidavit for the writ was made and sworn to on April 11th, one day before'the writ issued; (2) that the affidavit is contradictory, in that it states that “ said cause is a personal action, arising upon an implied contract, upon which defendant is indebted to plaintiff in the sum of $26,-250,” and in the next paragraph it…

2Cases cited2 opinions

  1. People ex rel. Dickinson v. SimondsonMichigan Supreme Court · 1872
  2. Millard v. Lenawee Circuit JudgeMichigan Supreme Court · 1895

3Cited by5 opinions

  1. Walden v. Crego's EstateMichigan Supreme Court · 1939
  2. Van Allen v. SpragueMichigan Supreme Court · 1919
  3. Krakowsky v. MargolisMichigan Supreme Court · 1931
  4. Heller v. People's Savings BankMichigan Supreme Court · 1904
  5. Sachs v. NornMichigan Supreme Court · 1905

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