Lee v. Buck
Michigan Supreme Court
Mandamus. Relators applied for mandamus to compel respondent to entertain jurisdiction of proceedings for the discovery of the assets of a judgment debtor, instituted under chapter 278, How. Stat. The facts are stated in the opinion.
1Opinion of the CourtMontgomery, J.
The only question involved in this case is whether the provisions of the act of 1851, providing for the compelling of disclosures by judgment debtors in a proceeding before the circuit judge, upon the return of an execution unsatisfied, are wholly invalid. The provisions sought to be invoked in this proceeding are those contained in How. Stat. §§ 8107-8109. The circuit judge held the entire chapter inoperative and invalid.
The provisions of the law were criticised in Reed v. Baker, 42 Mich. 272, but that it was not the intention to declare the law invalid is apparent from the statement…
2Cases cited2 opinions
- Ex Parte BoydSupreme Court of the United States · 1882
- Reed v. BakerMichigan Supreme Court · 1879
3Cited by4 opinions
- Berles v. ComstockMichigan Supreme Court · 1895
- Grand Rapids Savings Bank v. WiddicombMichigan Supreme Court · 1897
- Shepard v. Kent Circuit JudgeMichigan Supreme Court · 1896
- Kraft v. StottMichigan Supreme Court · 1936