Loomis v. Carrington
U.S. Circuit Court for the District of Eastern Michigan
On Motion to Discharge Garnishee. This action was originally begun in the circuit court for the county of Monroe by a writ of attachment against the property of the defendant, Carrington, who resides in New York city. Upon the same day a writ of garnishment was issued, pursuant to Comp.
Read the full summary
On Motion to Discharge Garnishee. This action was originally begun in the circuit court for the county of Monroe by a writ of attachment against the property of the defendant, Carrington, who resides in New York city. Upon the same day a writ of garnishment was issued, pursuant to Comp. Laws, §§ 6494 and 6495, addressed to the West Virginia Oil & Oil Land Company, a Michigan corporation, requiring such company to disclose its liability, if any existed, to the principal defendant. In compliance with the statute a copy of these papers was served upon the defendant at his office in New York…
1Opinion of the CourtBrown, J.
This is practically the same motion which was made in the state court. The difference is one of form merely. Both seek under a different name to determine the liability of the garnishee upon a foreign judgment. The state court held, upon motion to dismiss, that the judgment could be garnished. We have serious doubt of the correctness of this ruling. We have always understood that a judgment of a federal court could not be garnished by the process of a state court, and such, we think, is the great preponderance of authority. See Henry v. Gold Park Mining Co. 15 Fed. Rep. 649, and cases cited;…
2Cases cited6 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Ex Parte ParksSupreme Court of the United States · 1876
- Wallace v. McConnellSupreme Court of the United States · 1839
- Duncan v. GeganSupreme Court of the United States · 1880
- Ex Parte GordonSupreme Court of the United States · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Allmark v. Platte S. S. Co.U.S. Circuit Court for the District of Eastern New York · 1896
- Bragdon v. Perkins-Campbell Co.U.S. Circuit Court for the District of Western Pennsylvania · 1897
- Lathrop-Shea & Henwood Co. v. Interior Const. & Imp. Co.U.S. Circuit Court for the District of Western New York · 1907