Pearson v. Creslin
Michigan Supreme Court
Certiorari to Sibley Gr. Taylor, Circuit Court Commissioner for Washtenaw County. Application was made to the commissioner to dissolve an attachment, on the ground that an irregular citation had been issued by him. It was admitted that the citation was •defective, but defendant asked the court to quash none of the proceedings anterior to the order' of dissolution, and to allow the. petition filed with the commissioner, to continue in force.
1Opinion of the Court
The court
held that the proceedings before the commissioner being a unit, the order to quash must affect the entire case, and that unless a party follows up his petition with a citation, his proceeding will be considered as having been abandoned by him.
Ordered, that the proceedings be quashed as irregular and without jurisdiction, with costs to the plaintiff in error.
2Cited by1 opinion
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