Linn v. Roberts
Michigan Supreme Court
Certiorari to T. K. Gillett, a Circuit Court Commissioner of Wayne county. This writ was sued out for the purpose of reviewing the proceedings of the Commissioner on a motion to dissolve an attachment. The facts are stated in the opinion. 1. This court will examine into the evidence on certiorari to “determine whether the evidence is such that it will justify the finding as a legitimate inference from the facts proved.” — 9 Mich.
Read the full summary
Certiorari to T. K. Gillett, a Circuit Court Commissioner of Wayne county. This writ was sued out for the purpose of reviewing the proceedings of the Commissioner on a motion to dissolve an attachment. The facts are stated in the opinion. 1. This court will examine into the evidence on certiorari to “determine whether the evidence is such that it will justify the finding as a legitimate inference from the facts proved.” — 9 Mich. Ill; 10 Id. 9; 11 Id. 353. 2. The statute, authorizing proceedings before a commissioner for dissolution of attachment, provides that “if said judge or commissioner…
1Opinion of the Court
Cooley J.
The' plaintiffs being creditors of defendant to the amount of $310, attached his stock of goods at No. 156 Gratiot street, Detroit, January 15, 1867, on the alleged ground that he had assigned or was»about to assign his property with intent to defraud his creditors. On application by the defendant to a Circuit Court Commissioner, the attachment was dissolved, after a hearing on the merits. The question before us is, whether there was any evidence before the commissioner to warrant the dissolution.
It appeared that the Linns commenced dealing with defendant May 1, 1865, when he was…
2Cases cited1 opinion
- Hyde v. NelsonMichigan Supreme Court · 1863
3Cited by14 opinions
- Erlandson v. Genesee County Employees' Retirement CommissionMichigan Supreme Court · 1953
- Genesee County Savings Bank v. Michigan Barge Co.Michigan Supreme Court · 1883
- Carroll v. City CommissionMichigan Supreme Court · 1934
- Brown v. BlanchardMichigan Supreme Court · 1878
- Public Welfare Commission v. Civil Service CommissionMichigan Supreme Court · 1939
9 more not listed; retrieve them via the Exa API.