Heritage v. Armstrong
Michigan Supreme Court
Error to Wayne. (Hosmer, J.) Plaintiff recovered judgment against the defendant as garnishee, and the proceedings were removed to the circuit by certiorari.
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Error to Wayne. (Hosmer, J.) Plaintiff recovered judgment against the defendant as garnishee, and the proceedings were removed to the circuit by certiorari. The return of the justice to the writ showed that the principal suit and the garnishment proceedings were commenced on the same day; that the disclosure of the garnishee was made, and judgment rendered against the principal defendant, on the return-day of the summons and of the writ issued against them respectively; that the garnishee disclosed that he was indebted to the principal defendant, in a sum greater than the plaintiff’s demand,…
1Opinion of the CourtMcGrath, C. J.
The only question involved here is whether a judgment against a garnishee can be sustained upon a summons to show cause, issued some 74 days after the determination of the suit against the principal defendant; no continuance having been had, under How. Stat. § 8053, and the garnishee having appeared, and pleaded to the merits.
These proceedings are special and ancillary. Jurisdiction to render judgment against the garnishee depends upon an observance of the statutory prerequisites. Although appearing in response to said summons, he had the right to insist that no judgment could be rendered…
2Cases cited1 opinion
- Ettelsohn v. Fireman's Fund InsuranceMichigan Supreme Court · 1887
3Cited by2 opinions
- Chamberlain v. WallaceMichigan Supreme Court · 1913
- Kayser v. Farmers & Mechanics' BankMichigan Supreme Court · 1898