Noyes v. Foster
Michigan Supreme Court
Error to "Washtenaw. Assumpsit before a justice ou a promissory note. Defendant Foster pleaded the general issue. The suit was adjourned from time to time and when brought to trial defendant filed a plea puis darrein setting forth that she had been garnished in a suit against the plaintiff before another justice. The justice disregarded the plea and gave judgment for plaintiff which, on appeal to the circuit, was affirmed. Defendant brings error.
1Opinion of the CourtMarston, J.
We need not critically examine the several provisions of the statute relating to garnishee proceedings in justice’s court, as we are clearly of opinion that the reason advanced in Sievers v. Woodburn Sarven Wheel Co. 43 Mich. 275, against garnishing a judgment rendered by a justice, is equally applicable here.
The judgment must be affirmed with costs.
Cooley and Campbell, JJ. concurred.
2Cases cited1 opinion
- Sievers v. Woodburn Sarven Wheel Co.Michigan Supreme Court · 1880
3Cited by4 opinions
- Shrewsbury v. TuftsWest Virginia Supreme Court · 1895
- Scott v. RohmanNebraska Supreme Court · 1895
- Freeman v. Washtenaw Probate JudgeMichigan Supreme Court · 1890
- In re Koenig's EstateMichigan Supreme Court · 1908