Osborne v. Robbins
Michigan Supreme Court
Certiorari to Ervin Palmer, Esq., Circuit Court Commissioner for the'county of Wayne. Robbins presented to the Circuit Court Commissioner an application in the following words: “ To E. Palmer, Esq., Circuit Court Commissioner, Wayne county, Michigan.
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Certiorari to Ervin Palmer, Esq., Circuit Court Commissioner for the'county of Wayne. Robbins presented to the Circuit Court Commissioner an application in the following words: “ To E. Palmer, Esq., Circuit Court Commissioner, Wayne county, Michigan. “The application of William W. Robbins shows, that on the 22d June, 1857, one Edward Osborne sued out of the Circuit Court for the county of Wayne, a writ of attachment against the goods, &c., of this applicant, and annexed thereto an affidavit that this applicant was indebted to him on contract express, in the sum of §522, and that he had good…
1Opinion of the Court
Martin Ce. J.:
To authorize a Circuit Court Commissioner to issue a citation to a plaintiff in attachment requiring him to show cause why the attachment should not be dissolved, an application or petition must be presented to him by the defendant whose property has been attached; and the apjfiication should state the reasons therefor. As this is a special proceeding, the statute must be strictly complied with.
The application should show that the defendant’s property was attached, and should set it forth: the first because the jurisdiction of ¿the officer is dependent upon it; the latter…
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