Legal Opinion

Proctor v. Prout

Michigan Supreme Court

Decided January 7, 1869PublishedCited by 22 opinions

Certiorari to Martin Hawley, a Justice of the Peace in Bran cb County. This was a proceeding under,. the Fraudulent Debtors Act — Gomp.

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Certiorari to Martin Hawley, a Justice of the Peace in Bran cb County. This was a proceeding under,. the Fraudulent Debtors Act — Gomp. L. § 5890 — and was based upon tbe following affidavit: William O. Prout, being duly sworn, deposes and says that William H. Proctor and Oliver A. Proctor are justly indebted to this deponent in the sum of $170, upon a judgment rendered by Martin Hawley, Esq. a Justice of the Peace, of the Township of Quincy, in said County, on the 14th day of December, 1867, upon a contract for goods and personal property, sold and delivered to the said William H. Proctor…

1Opinion of the Court

ClIRISXIANCY J.

This was a proceeding instituted by Prout before the justice against William II. Proctor and Oliver A. Proctor, under the act for the punishment of fraudulent debtors, Gomp. L. Oh. 166 — and the defendant, William II. Proctor, brings the case before us .upon a certiorari to the justice.

Prout’s claim purports to be based upon a judgment recovered by him before the justice against both the Proctors upon contract. The warrant was issued against both, but served only upon William II., and all the proceedings before the justice under the warrant were against him alone.

On the hearing…

2Cited by22 opinions

  1. Rice v. AmesSupreme Court of the United States · 1901
  2. People v. HeffronMichigan Supreme Court · 1884
  3. Brown v. KelleyMichigan Supreme Court · 1870
  4. Sheridan v. BriggsMichigan Supreme Court · 1884
  5. Hauss v. KohlarSupreme Court of Kansas · 1881

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