Greenvault v. President of the Farmers & Mechanics' Bank
Michigan Supreme Court
This was an action of ejectment, tried in the Lenawee Circuit Court, at the October Term, 1845, before the Hon. A. Felch, Presiding Judge.- Both parties derived title through one Edward Bissell. Greenvault, the plaintiff, claimed through certain proceedings in attachment, in said Lenawee circuit court, instituted against Bissell, as an absent debtor, by one Caleb N. Ormsby.
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This was an action of ejectment, tried in the Lenawee Circuit Court, at the October Term, 1845, before the Hon. A. Felch, Presiding Judge.- Both parties derived title through one Edward Bissell. Greenvault, the plaintiff, claimed through certain proceedings in attachment, in said Lenawee circuit court, instituted against Bissell, as an absent debtor, by one Caleb N. Ormsby. These proceedings were had under Ch. I, of R. S. 183S, p. 506, the two first sections of which were as follows: “ Sec. 1. Any creditor shall be entitled to proceed by attachment against the property of his debtor, upon the…
1Opinion of the CourtWhipple, J.
delived the opinion of the Court.
The paper purporting to be an affidavit, filed with the clerk as the foundotion of the attachment against Bissell under which the plaintiff claims, was sworn to before the clerk, of the-circuit court of Lenawee county, in vacation. The first question'that arises in the case, is, whether the clerk was authorized to administer the oath, or take the affidavit. Whatever may have been-the powers, in this respect, of the clei'k, at common law,.during the term, and while the court was in actual session, it is clear that the authority to administer oaths or take…
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