Adams v. Kellogg
Michigan Supreme Court
Error to Calhoun. (Hooker, J.) Trover. Plaintiff brings error. The facts are stated in the opinion. Wholly irrelevant matter cannot be drawn out on cross-examination: North v. Metz, 67 Mich. 616. It was necessary for the defendant to show, not only a fraudulent sale, but that he acted under a valid writ, and executed it legally: Fairbanks v. Bennett, 52 Mich. 61; and attachment proceedings being special and statutory, the provisions of the statute must be strictly pursued:…
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Error to Calhoun. (Hooker, J.) Trover. Plaintiff brings error. The facts are stated in the opinion. Wholly irrelevant matter cannot be drawn out on cross-examination: North v. Metz, 67 Mich. 616. It was necessary for the defendant to show, not only a fraudulent sale, but that he acted under a valid writ, and executed it legally: Fairbanks v. Bennett, 52 Mich. 61; and attachment proceedings being special and statutory, the provisions of the statute must be strictly pursued: Buckley v. Lowry, 2 Mich. 420; Roelofson v. Hatch, 3 Id. 278; Mathews v. Densmore, 43 Id. 461; Van Norman v. Circuit…
1Opinion of the CourtSherwood, J.
This is an action of trover, brought to recover the value of certain machinery and tools of the property of the plaintiff, taken by the defendant, as sheriff of Calhoun county, under a writ of attachment from justice’s court in favor of one Theodore D. Creque and against George N. Hallock.
The plaintiff’s claim is that in April, 1883, he purchased a saw-mill, with its machinery and tools, including those in question, at Livonia, in the state of New York, for a full and valuable consideration, from one Hubert B. Hallock, who is a son of George N. Hallock; that in August of the same year he…
2Cases cited5 opinions
- Adams v. . DavidsonNew York Court of Appeals · 1851
- Cuyler v. McCartneyNew York Supreme Court · 1860
- Frankel v. CootsMichigan Supreme Court · 1879
- Nicolls v. LawrenceMichigan Supreme Court · 1874
- Kidd v. DoughertyMichigan Supreme Court · 1886
3Cited by4 opinions
- Kennedy v. McLellanMichigan Supreme Court · 1889
- Brown v. MelloonSupreme Court of Iowa · 1915
- Charles Mix County Bank v. CaltaSouth Dakota Supreme Court · 1922
- Wipperman Mercantile Co. v. RobbinsNorth Dakota Supreme Court · 1912