Voorhees v. Sessions
Michigan Supreme Court
Error to louia Circuit. Voorhees instituted garnishee proceedings in the court below against Sessions to reach moneys in his hands claimed to belong to the principal defendants, Sutherland, Perrin© and Frazell.
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Error to louia Circuit. Voorhees instituted garnishee proceedings in the court below against Sessions to reach moneys in his hands claimed to belong to the principal defendants, Sutherland, Perrin© and Frazell. It appeared from the disclosure that the money sought to be reached had been deposited with Sessions as register in chancery in pursuance of an order of the court by the receiver in a suit instituted to wind up a copartnership before existing between the principal defendants. The bill of complaint in this chancery suit was dismissed for want of prosecution, August 26, 1872, and no…
1Opinion of the Court
Marston, J:
Although it appears that the bill of complaint in the cause wherein Sutherland, Perrino and Frazell were parties, has long since been dismissed, nevertheless there are very serious difficulties in the way of permitting Sessions to be hold responsible in this form of action. The money was paid into a court of chancery under an order thereof pending litigation therein. Sessions was register in that court. Ho received, held and retained the money in his official character as such officer, without any control over, or power of disposing of it, excepot for safe keeping, unless by order…
2Cited by4 opinions
- People ex rel. Tremper v. BrooksMichigan Supreme Court · 1879
- Cohnen v. SweenieMichigan Supreme Court · 1895
- Sievers v. Woodburn Sarven Wheel Co.Michigan Supreme Court · 1880
- Rockland Savings Bank v. AldenSupreme Judicial Court of Maine · 1907