Grand Rapids Savings Bank v. Widdicomb
Michigan Supreme Court
Certiorari to Gerrit H. 'Albers, circuit court commissioner of Kent county. The Grand Rapids Savings Bank recovered a judgment against John Widdicomb. Execution having been returned unsatisfied, plaintiff applied to a commissioner for an order requiring defendant to appear and make discovery of his assets, under 2 How. Stat. chap. 278. The order was granted, and defendant removed the proceedings to this court by certiorari.
1Per curiam
The proceedings in this case, and the main questions involved, are like those in Berles v. Comstock, 104 Mich. 129. The learned counsel for appellant concede that that decision is adverse to their contention, but ask us to overrule it, as well as the case of Lee v. Kalamazoo Circuit Judge, 101 Mich. 406. The validity of the statute was fully discussed in those cases, and we see no reason for overruling them.
*640Plaintiff brought suit in the circuit court on a promissory note executed by the defendant. Issue was duly joined, and, upon the inquest under the rule, no defense was interposed, but…
2Cases cited2 opinions
- Lee v. BuckMichigan Supreme Court · 1894
- Berles v. ComstockMichigan Supreme Court · 1895
3Cited by2 opinions
- Curth v. New York Life Ins. Co.Michigan Supreme Court · 1936
- Hershel Radio Co. v. Pennsylvania Railroad Co.Michigan Supreme Court · 1955