Ruggles v. Muskegon Circuit Judge
Michigan Supreme Court
Mandamus by Fred H. Ruggles and others to compel Fred J. Russell, circuit judge of Muskegon county, to vacate an order quashing certain log-lien proceedings. Relators, copartners, filed a claim of lien under Act No. 229, Pub. Acts 1887 (3 Comp. Laws 1897, §§ 10756-10770), upon certain lumber and railroad ties, which they allege they manufactured for Walter Snow and William S. Clark under a contract which is attached to the return.
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Mandamus by Fred H. Ruggles and others to compel Fred J. Russell, circuit judge of Muskegon county, to vacate an order quashing certain log-lien proceedings. Relators, copartners, filed a claim of lien under Act No. 229, Pub. Acts 1887 (3 Comp. Laws 1897, §§ 10756-10770), upon certain lumber and railroad ties, which they allege they manufactured for Walter Snow and William S. Clark under a contract which is attached to the return. An attachment was issued under section 10760 for the enforcement of the lien. On motion of the defendants, the attachment proceedings were quashed.
1Opinion of the CourtGrant, J.
(after stating the facts). We think the statement of lien is a full compliance with the statute. Two points only need be noticed:
1. No appraisal was necessary, under Federspiel v. Johnstone, 87 Mich. 303 (49 N. W. 581).
2. The question whether the lien proceedings are void because relators included in their statement more than was due cannot be tried upon ex parte affidavits. That question can only be disposed of upon the hearing. S. K. Martin Lumber Co. v. Menominee Circuit Judge, 116 Mich. 354 (74 N. W. 649).
Writ will issue.
The other Justices concurred.
2Cases cited2 opinions
- Federspiel v. JohnstoneMichigan Supreme Court · 1891
- S. K. Martin Lumber Co. v. Menominee Circuit JudgeMichigan Supreme Court · 1898