Legal Opinion

Perrott v. Shearer

Michigan Supreme Court

Decided April 28, 1868PublishedCited by 54 opinions

Error to Bay Circuit. This was an action of trespass against the defendant, plaintiff in error, for seizing and taking certain goods of the plaintiff, defendant in error.

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Error to Bay Circuit. This was an action of trespass against the defendant, plaintiff in error, for seizing and taking certain goods of the plaintiff, defendant in error. The defendant below pleaded the general issue and gave notice that the property seized was in possession of one Henry H. Swinscoe; that defendant, at said time, was Sheriff of Bay county; that on the 24th day of July, 1865, a writ of attachment was issued out of the Bay County Circuit Court, against the goods and chattels of said Swinscoe, and that he seized and took the property mentioned, if at all, by virtue of said…

1Opinion of the Court

Cooley Ch. J.

The plaintiff in error, as sheriff of the county of Bay, by virtue of a writ of attachment against the goods and chattels of Henry H. Swinscoe, levied upon a stock of goods which Shearer claimed as assignee of the firm of Swinscoe & Son, composed of said Henry H. Swinscoe and George E. Swinscoe. On the trial, the assignment was offered in evidence, and it appeared to be a general assignment from Henry H. and George (E. Swinscoe, constituting Shearer trustee for the benefit of their creditors, and preferring the claims of certain of those creditors to others. The assignment was…

2Cases cited1 opinion

  1. Merrick v. BrainardNew York Supreme Court · 1860

3Cited by54 opinions

  1. Tebo v. HavlikMichigan Supreme Court · 1984
  2. People v. PowellMichigan Supreme Court · 1937
  3. Prentis v. BatesMichigan Supreme Court · 1892
  4. Anderson v. MillerTennessee Supreme Court · 1896
  5. Hagan v. Chicago, Detroit & Canada Grand Trunk Junction RailroadMichigan Supreme Court · 1891

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