People ex rel. Simon v. Pack
Michigan Supreme Court
Error to Alpena; Kelley, J. Assumpsit by the people, for the use and benefit of Sigmund Simon and another, against Albert Pack and others, upon a sheriff’s official bond. The case was settled and discontinued by stipulation. Thereafter, one of plaintiffs’ attorneys having given notice of attorney’s lien, the stipulation of discontinuance was stricken from the files, the case tried, and judgment rendered for plaintiffs for the amount of the lien. Both parties bring error.
1Opinion of the CourtLong, J.
Plaintiffs, who were in May, 1893, doing business in Detroit, under the firm name of S. Simon & *670Co., became joint mortgagees with the firm.,of Heaven-rich Bros, in a mortgage given by Kositchek Bros., of Alpena. In June of the same year, the' sheriff of Alpena county, through his deputy, attached the mortgaged property in an action brought by other creditors against the Kositcheks. Plaintiffs and Heavenrich Bros, brought separate actions of trover against the sheriff and the attaching creditors, in which plaintiffs recovered a judgment for $3,267. Plaintiffs, being unable to collect their…
2Cases cited2 opinions
- Weeks v. Wayne Circuit JudgesMichigan Supreme Court · 1889
- Heavenrich v. Alpena Circuit JudgeMichigan Supreme Court · 1896
3Cited by4 opinions
- Grand Rapids & Indiana Railroad v. Cheboygan Circuit JudgeMichigan Supreme Court · 1910
- Smith v. WrightMissouri Court of Appeals · 1911
- Shank v. LippmanMichigan Supreme Court · 1929
- Fannon v. LebeauMichigan Supreme Court · 1928