Reinecke v. Sheehy

I concur in the majority opinion of Judge Holbrook in all respects except as to the finding that it was improper to dismiss the Reineckes’ tort action against court officer Nagy and his assistants. The rule in Michigan would still seem to be that a court officer serving a writ valid on its face in civil proceedings is not obligated to draw legal conclusions regarding the validity of its procurement. Foster v Wiley, 27 Mich 244, 249-250 (1873); Miller v Hahn, 116 Mich 607, 609 (1898). It is my opinion that this Court should not ask a layman to second-guess the judgment of the district court.…