Legal Opinion

Sievers v. Woodburn Sarven Wheel Co.

Michigan Supreme Court

Decided April 14, 1880PublishedCited by 9 opinions

Certiorari to Justice of the peace. Some courts hold that a judgment indebtedness cannot be reached by garnishment proceedings. Sharp v. Clark 2 Mass. 91; Prescott v. Parker 4 Mass. 170; Franklin v. Ward 3 Mas. 136; Shinn v. Zimmerman 3 Zab. 150; Trowbridge v. Means 5 Ark. 135; Tunstall v. Means id. 700; Norton v. Winter 1 Oregon 47. Others hold that it can. Trombly v. Clark 13 Vt. 118;. Gager v. Watson 11 Conn. 168; Grabb v. Jones 2 Miles 130; Sweeny v* Allen 1 Penn.

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Certiorari to Justice of the peace. Some courts hold that a judgment indebtedness cannot be reached by garnishment proceedings. Sharp v. Clark 2 Mass. 91; Prescott v. Parker 4 Mass. 170; Franklin v. Ward 3 Mas. 136; Shinn v. Zimmerman 3 Zab. 150; Trowbridge v. Means 5 Ark. 135; Tunstall v. Means id. 700; Norton v. Winter 1 Oregon 47. Others hold that it can. Trombly v. Clark 13 Vt. 118;. Gager v. Watson 11 Conn. 168; Grabb v. Jones 2 Miles 130; Sweeny v* Allen 1 Penn. St. 380; Fithian v. N. Y. d Erie R. R. Go. 31 id. 114; Belcher v. Grubb 4 Harr. 461; Webster v. McDaniel 2 Del. Ch. 297;…

1Opinion of the CourtCampbell, J.

This is a certiorari to review proceedings in garnishment had before John Weber, a justice of the peace, whereby defendants in certiorari were allowed to recover against plaintiffs as garnishees, the amount of a judgment against them and in favor of one Michael M. Gisler, rendered by Isaac N Toll, another justice of the peace. Defendants in certiorari had recovered a judgment against Gisler before Daniel Brown, a justice now out of office, whose docket is in the hands of Weber.

*277The objection' chiefly relied on is that a judgment before one justice cannot be garnished in proceedings before…

2Cases cited2 opinions

  1. People ex rel. Tremper v. BrooksMichigan Supreme Court · 1879
  2. Voorhees v. SessionsMichigan Supreme Court · 1876

3Cited by9 opinions

  1. Shrewsbury v. TuftsWest Virginia Supreme Court · 1895
  2. Iron Cliffs Co. v. LahaisMichigan Supreme Court · 1884
  3. Scott v. RohmanNebraska Supreme Court · 1895
  4. Elson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1912
  5. Hamill v. PeckColorado Court of Appeals · 1898

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