Toner v. Toner
Michigan Supreme Court
Error to Oceana; Sessions, J. Garnishment proceedings in justice’s court by Thomas Toner against Jerry Conger and C. W. Tallent, copartners as Conger & Tallent, garnishee defendants of Elijah Toner, and Jack Toner, claimant of the property. There was judgment for plaintiff, and claimant appealed to the circuit court by writ of certiorari. There was judgment dismissing the writ, and claimant brings error.
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Error to Oceana; Sessions, J. Garnishment proceedings in justice’s court by Thomas Toner against Jerry Conger and C. W. Tallent, copartners as Conger & Tallent, garnishee defendants of Elijah Toner, and Jack Toner, claimant of the property. There was judgment for plaintiff, and claimant appealed to the circuit court by writ of certiorari. There was judgment dismissing the writ, and claimant brings error. It is conceded that the circuit judge clearly states the facts in this ease, and we adopt his finding. “Thomas Toner brought suit in justice’s court against Elijah Toner and garnished Conger…
1Opinion of the CourtGrant, C. J.
(after stating the facts). We find it" unnecessary to discuss the second and third assignments, of error, or to determine the correctness of the conclusion. *699reached by the learned circuit judge thereon. His conclusion on the first assignment of error is sound.
Pecard v. Peter Home & Co., 91 Mich. 346, does not control this case. There upon an appeal to the circuit court a money judgment was rendered against the claimant, and it was held that the statute did not contemplate such a judgment. The only judgment provided for is one which shall conclude the claimant from setting up any further claim…
2Cases cited1 opinion
- Pecard v. Peter Home & Co.Michigan Supreme Court · 1892