Legal Opinion

Kellogg v. Hamilton

Michigan Supreme Court

Decided April 14, 1880PublishedCited by 4 opinions

Appeal from Berrien. Judgment creditor’s bill. Defendants appeal.

1Opinion of the CourtGraves, J.

Complainants being judgment creditors of Miller and Hamilton, filed this bill under the statute to enforce satisfaction from property subject to debts but not liable to execution. The bill made the usual statements, but defendants demurred to it. The court overruled the demurrer and gave time to answer, but no answer being put in, the common decree pro confesso was entered. Thereupon the defendants appealed.

The demurrer assumed to allege three causes, but two appear to be abandoned. So far as we can see, there was no color for them. The remaining ground is that the bill fails to show that…

2Cases cited1 opinion

  1. Pratt v. LewisMichigan Supreme Court · 1878

3Cited by4 opinions

  1. Canavan v. CanavanNew Mexico Supreme Court · 1913
  2. Nowell v. International Trust Co.Court of Appeals for the Ninth Circuit · 1909
  3. Voorhees v. Manti CityUtah Supreme Court · 1896
  4. McBride v. JacobMichigan Supreme Court · 1918

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