Jackson v. People's Savings Bank
Michigan Supreme Court
Error to Wayne; Frazer, J. Garnishment proceedings by Archie H. Jackson and Joseph F. Jacobs against the People’s Savings Bank, as garnishee of Herman Marx. Adolph Marx and Herman Marx, copartners as Marx Bros., were interpleaded as claimants. Prom .a judgment for plaintiffs on verdict directed by the court, the garnishee and the claimants bring error.
1Opinion of the CourtMontgomery, J.
Plaintiffs sought to recover a sum deposited with defendant bank as garnishee of Herman Marx. The disclosure showed a deposit in the name of Marx Bros. Adolph and Herman Marx were cited in, under section 10627, 3 Comp. Laws 1897, to maintain their title to the fund. The sole question we need discuss is whether, under this statute, the burden of proof rests with the claimant in a case of this nature. The statute provides that, upon service being made, such claimant shall be deemed a defendant to the garnishee "action, and within 20 days shall answer, setting forth his claim, or any defense…
2Cases cited3 opinions
- Smith v. BarclaySupreme Court of Minnesota · 1893
- Teichman Commission Co. v. American BankMissouri Court of Appeals · 1887
- Burnham v. Home InsuranceMichigan Supreme Court · 1899
3Cited by2 opinions
- Creedon v. LundyMichigan Supreme Court · 1927
- H. A. Hoxie & Co. v. AshtonMichigan Supreme Court · 1928