Legal Opinion · Dissent

Charles Maloney & Co. v. Gonhue

Michigan Supreme Court

Decided May 1, 1908No. Docket No. 68Published

Error t,o Delta; Stone, J. Garnishment proceedings by Charles Maloney & Company against the public schools of Escanaba as garnishee of Leonard Gonhue. Charles H. Norton and others intervened as claimants of the fund. There was judgment for plaintiff on a verdict directed by the court, and the claimants bring error.

1DissentMontgomery, J.

November 6, 1905, the plaintiff obtained against the principal defendant a judgment injustice’s court for $158.63 damages and costs. December 1, 1905, he caused a garnishee summons to be served upon the public schools of the city of Escanaba, returnable December 13, 1905. On the return day of the summons the public schools filed its disclosure in writing, with the justice, from which it appeared that it was indebted to the defendant Leonard Gonhue in the sum of $542, and that at the time of the service of the writ of garnishment the firm of Norton Brothers held an order on the garnishee…

2Cases cited5 opinions

  1. Kendall v. BishopMichigan Supreme Court · 1889
  2. Hill v. MalloryMichigan Supreme Court · 1897
  3. Pettibone v. ByrneMichigan Supreme Court · 1893
  4. Longley, Low & Alexander v. Amazon Hosiery Co.Michigan Supreme Court · 1901
  5. Thompson v. NewlandMichigan Supreme Court · 1906

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