Legal Opinion

Berles v. Comstock

Michigan Supreme Court

Decided February 12, 1895PublishedCited by 3 opinions

Certiorari to Kent. (Adsit, J.) Relator applied to the circuit court for mandamus to compel respondent to set aside an order requiring relator to appear before him and submit to an examination concerning his property, and brings certiorari to review order denying the writ. The facts are stated in the opinion.

1Opinion of the CourtGrant, J.

Judgment was rendered in the circuit court for the county of Kent against the relator for $991.53 and costs. Execution was issued, and returned nulla Iona. The plaintiffs in that suit thereupon presented an affidavit to one of the circuit court commissioners of Kent county for an examination of the relator under oath, and the discovery of his property, in accordance with the provisions of How. Stat. § 8107. The commissioner made an order for the relator to appear before him at a specified time for examination. The relator then applied to the circuit court of the county of Kent for the writ of…

2Cases cited4 opinions

  1. Lathrop v. . ClappNew York Court of Appeals · 1869
  2. Hinsdale v. . SinclairSupreme Court of North Carolina · 1880
  3. Lee v. BuckMichigan Supreme Court · 1894
  4. Kay v. VischersSupreme Court of Minnesota · 1864

3Cited by3 opinions

  1. State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
  2. Grand Rapids Savings Bank v. WiddicombMichigan Supreme Court · 1897
  3. Kraft v. StottMichigan Supreme Court · 1936

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