Legal Opinion

Hawkins v. Castenholz

Michigan Supreme Court

Decided July 11, 1912No. Docket No. 74PublishedCited by 1 opinion

Certiorari to Muskegon; Sessions, J. Assumpsit by Lewis E. Hawkins and another in justice’s court against Nicholas Castenholz, Daniel McNitt, and Andrew C. Smith, upon a promissory note. Plaintiffs issued a transcript to the circuit court. An order granting defendants’ motion to quash the execution issued thereon and dismissing the transcript proceedings is reviewed by plaintiffs on writ of certiorari.

1Opinion of the CourtMcAlvay, J.

Plaintiffs, copartners, recovered a judgment on March 2, 1901, against defendants, copartners, in justice’s court in Muskegon county upon a promissory note executed and delivered to them by defendants. Upon this judgment in due course an execution issued and was returned unsatisfied. A transcript of said judgment was taken on February 20, 1907, to the circuit court for Muskegon county, upon which transcript an execution issued on February 28, 1911, to the sheriff of Ottawa county. The return to this writ of certiorari does not disclose what was done under and by virtue of this execution. (We…

2Cases cited5 opinions

  1. Cummings v. FreerMichigan Supreme Court · 1872
  2. Stoll v. PadleyMichigan Supreme Court · 1893
  3. Grand Rapids National Bank v. KritzerMichigan Supreme Court · 1898
  4. Brown v. KnopMichigan Supreme Court · 1904
  5. McCrady v. PrattMichigan Supreme Court · 1904

3Cited by1 opinion

  1. Rare Earth, Inc. v. HoorelbekeDistrict Court, S.D. New York · 1975

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