Legal Opinion

Langtry v. Wayne Circuit Judges

Michigan Supreme Court

Decided February 2, 1888PublishedCited by 5 opinions

Application for mandamus to set aside attachment proceedings. The facts are stated in the opinion.

1Opinion of the CourtCampbell, J.

Eelator asks to have certain proceedings set aside for want of jurisdiction in a justice to render judgment against her on the default which was entered.

Suit was brought against her before a justice of Wayne county by attachment. The ground of the attachment was her non-residence, and no question is made on the sufficiency of the affidavit. The writ is a statutory one, and the form is given in section 6839, How. Stat. It is upon this that the controversy arises.

The statute declares as follows:

“Every attachment shall state the amount claimed by the plaintiff, and shall command any constable of…

2Cases cited1 opinion

  1. Borland v. KingsburyMichigan Supreme Court · 1887

3Cited by5 opinions

  1. Dickinson v. First National BankNorth Dakota Supreme Court · 1933
  2. Rameau v. ValleyMichigan Supreme Court · 1912
  3. White v. PriorMichigan Supreme Court · 1891
  4. Davison v. DavisonMichigan Supreme Court · 1894
  5. Cary v. EverettMichigan Supreme Court · 1895

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