Paddock v. Matthews
Michigan Supreme Court
Certiorari to the Circuit Court Commissioner of Oakland -County. The plaintiff in error on the 27th of March, 1851, sued out .of the Oakland Circuit Court an attachment against the goods-&c. of the defendants in error, under which writ the Sheriff of ‘'Oakland County on the 29th day of the same month attached a quantity of goods in the possession of the defendants, and on the same day made personal service on both defendants; Subsequent to the service of the attachment and…
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Certiorari to the Circuit Court Commissioner of Oakland -County. The plaintiff in error on the 27th of March, 1851, sued out .of the Oakland Circuit Court an attachment against the goods-&c. of the defendants in error, under which writ the Sheriff of ‘'Oakland County on the 29th day of the same month attached a quantity of goods in the possession of the defendants, and on the same day made personal service on both defendants; Subsequent to the service of the attachment and on the same "day, the defendants executed and delivered to the Sheriff a "bond under the provisions of sections 13 and 14…
1Opinion of the Court
*21By the Court,
Copeland, J.
The principal assignment of error, and the one mainly relied upon by the plaintiffs in error, is that the Commissioner had no jurisdiction in the-matter; had no power to order the attachment to be dissolved after the defendants had given a bond to the Sheriff, and then procured a release of the attachment — received back the property attached; and after they had appeared in the case and plead issuably to the declaration filed therein.
By the provisions of § 5, Chap. 114, of the R. S. 1846, relating to proceedings by attachment, the writ of attachment shall command the…
2Cited by9 opinions
- Hyde v. NelsonMichigan Supreme Court · 1863
- Brady v. OnffroyWashington Supreme Court · 1905
- Ferguson v. GlidewellSupreme Court of Arkansas · 1886
- Moffitt v. GarrettSupreme Court of Oklahoma · 1909
- Butcher v. Cappon & Bertsch Leather Co.Michigan Supreme Court · 1907
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