Campau v. Fleischer

Plaintiff, having judgment, caused a levy to be made on July 3, 1920, on real estate owned by defendants as husband and wife. ' This bill in aid of execution was filed April 3, 1924, and it showed on its face that it had not been filed within one year after levy as required by section 12897, 3 Comp. Laws 1915, as amended by Act No. 215, Pub. Acts 1917 (Comp. Laws Supp. 1922, § 12897). This question was not presented by the answer of defendants. During the hearing counsel for defendants sought by motion in writing to amend the answer and thus to raise the question. The motion was denied.…