Legal Opinion · Concurring in part, dissenting in part

NATIONSBANC MORTGAGE CORP. v. Luptak

Michigan Court of Appeals

Decided February 14, 2001No. Docket 212634Published

1Concurring in part, dissenting in partKelly, J.

I agree with the majority that, under MCR 3.101, the writ of garnishment provided adequate notice of the nature of the proceedings to garnishee defendant, the Korn Family Limited Partnership (kflp). Our Supreme Court held long ago that a writ of garnishment alleging that the garnishee has property, money, and so forth, in its hands or under its control belonging to the defendant is sufficient, and more detail regarding why the garnishee is liable is not required. Connor v Third Nat’l Bank of Detroit, *56990 Mich 328, 333-334; 51 NW 523 (1892). I disagree, however, that a transfer is not “void”…

2Cases cited3 opinions

  1. Mihajlovski v. ElfakirMichigan Court of Appeals · 1984
  2. Long v. Evening News Ass'nMichigan Supreme Court · 1897
  3. Connor v. Third National BankMichigan Supreme Court · 1892

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