Matthews v. Forslund
Michigan Supreme Court
Error to Gogebic; Haire, J. Attachment proceedings by John B. Matthews and others against Mathilda Forslund, wherein the Gogebic Hardwood Manufacturing Company was summoned as garnishee. Plaintiffs had judgment in justice’s court, and defendant removed the case to the circuit on certiorari, where the justice’s judgment was sustainedDefenda-nt brings error.
1Opinion of the CourtMontgomery, J.
This case was commenced in justice’s court by attachment. The case was removed to the circuit court upon certiorari, the sole ground of error alleged being that the service upon the garnishee defendant of the writ of attachment issued out of justice’s court was made upon a day when valid service could have been made upon the principal defendant. It appears that the writ was served upon the last day that service could have been made upon the principal defendant. The statute (section 6841, 3 How. Stat.) provides that, if the defend*417ant cannot be found in the county, the officer shall leave a…
2Cases cited3 opinions
- Bargh v. L. R. Ermeling & Co.Michigan Supreme Court · 1896
- Farrah v. BursleyMichigan Supreme Court · 1894
- Tunningly v. ButcherMichigan Supreme Court · 1895
3Cited by3 opinions
- Davidson v. FoxMichigan Supreme Court · 1899
- Gilmore v. LichtenbergMichigan Supreme Court · 1902
- Grand Haven Military Club v. MulhollandMichigan Supreme Court · 1912