Maynards v. Cornwell
Michigan Supreme Court
Case reserved from Washtenaw Circuit. The plaintiffs commenced a suit before a Justice against the defendant as garnishee of one Phoebe Goodall. On the return day of the summons the parties appeared, and the defendant answered on oath. Subsequently a summons to show cause was issued against the defendant, which was duly returned personally served, and on the return day the parties-appeared.
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Case reserved from Washtenaw Circuit. The plaintiffs commenced a suit before a Justice against the defendant as garnishee of one Phoebe Goodall. On the return day of the summons the parties appeared, and the defendant answered on oath. Subsequently a summons to show cause was issued against the defendant, which was duly returned personally served, and on the return day the parties-appeared. Plaintiffs declared against defendant in trover' fro fifty dollars’ worth of gold, and also for money had and-' received. The defendant plead the general issue with notice of special matter. The issue was…
1Opinion of the Court
*311By the Court,
Martin, J.
The act to authorize proceedings against garnishees, (S. L. of 1849, p. 153,) is in derogation of the common law, and must be strictly construed. It authorizes the plaintiff in any action before a justice of the peace founded upon contiactor judgment, .or decree, or after the rendition of judgment in any case, upon making and filing with such justice an affidavit stating that he has good reason to believe, and does believe, that any person (naming him) has property,.money or effects in his hands, or under his control, belonging to the defendant in such suit, judgment or…
2Cited by5 opinions
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- Sachs v. NornMichigan Supreme Court · 1905
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