Isabelle v. Iron Cliffs Co.
Michigan Supreme Court
Error to Marquette. (Grant, J.) Garnishment. The garnishee brings error. A declaration in garnishment must be predicated on the disclosure : Mayna/rds v. Cornwell 3 Mich. 313; and on appeal a disclosure before a justice is evidence against the garnishee(.Newell v. Blavr 7 Mich. 103), whose oral answers are competent evidence against him : Allen v. Hazen 26 Mich. 142;.. a collateral attack upon a judgment for want of authority in the attorney is confined to a case where such…
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Error to Marquette. (Grant, J.) Garnishment. The garnishee brings error. A declaration in garnishment must be predicated on the disclosure : Mayna/rds v. Cornwell 3 Mich. 313; and on appeal a disclosure before a justice is evidence against the garnishee(.Newell v. Blavr 7 Mich. 103), whose oral answers are competent evidence against him : Allen v. Hazen 26 Mich. 142;.. a collateral attack upon a judgment for want of authority in the attorney is confined to a case where such want is affirmatively shown Ferguson v. Crawford 70 N. Y. 254.
1Opinion of the CourtChamplin, J.
Defendant was garnished at the suit of plaintiff, as being indebted to one Brunette, and appeared *121before the justice and made disclosure by Alexander Maitland, which was in writing, as follows:
“ The Iron Cliffs Company makes answer to the garnishee summons in the above causeas follows: The principal defendant, Brunette, performed work and labor for the Iron Cliffs Company in 1882, and shortly after left the country, as this defendant is informed and believes, at which time this defendant was in debt to him in the sum of $1500 or thereabouts. Soon after Brunette left, several suits were…
2Cases cited20 opinions
- Ford v. Detroit Dry Dock Co.Michigan Supreme Court · 1883
- Iron Cliffs Co. v. LahaisMichigan Supreme Court · 1884
- Manhard v. SchottMichigan Supreme Court · 1877
- Withington v. SouthworthMichigan Supreme Court · 1873
- Harrison's Devisees v. BakerCourt of Appeals of Kentucky · 1824
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3Cited by8 opinions
- Loman v. PaullinSupreme Court of Oklahoma · 1915
- Dailey v. KennedyMichigan Supreme Court · 1887
- People ex rel. Chaddock v. BarryMichigan Supreme Court · 1892
- First National Bank v. DwightMichigan Supreme Court · 1890
- State Ex Rel. St. George v. Justice CourtMontana Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.