First National Bank v. Williams Milling Co.
Michigan Supreme Court
Certiorari to Bay; Maxwell, J. Attachment. From an order dissolving the writ, plaintiff brings certiorari.
1Opinion of the CourtGrant, J.
The plaintiff brought suit in attachment against the Williams Milling Company, under which the sheriff levied upon and seized certain property. The milling company filed a petition before the circuit judge for a dissolution of the attachment. The citation was issued and served October 24th, returnable October 28th. A Sunday intervened. Plaintiff appeared specially, and moved to quash the proceedings for insufficiency of notice. The statute requires the citation to be served at least three' days before the return day. The notice was insufficient. Caupfield v. Cook, 92 Mich. 626.
The order…
2Cases cited1 opinion
- Caupfield v. CookMichigan Supreme Court · 1892
3Cited by2 opinions
- Bruce v. PopeSupreme Court of Iowa · 1917
- Fireman's Fund Ins. Co. v. LyonCourt of Appeals of Texas · 1914