Hitchcock v. Miller

Plaintiffs sued Miller on the common .counts before a justice of the peace, and Miller set up in defence that he had been garnished by the Detroit Savings Bank on account of the same debt, while it belonged to plaintiffs’ assignor, one John Eentsekler, and had paid the ■demand to the bank in the course of that proceeding'. The justice of the peace decided against the validity of this ■defence and gave judgment in favor of the plaintiffs, and the circuit court affirmed the judgment. The justice was .correct in holding as he did. It appeared conclusively that Miller arranged with the attorney…