Brown v. Spiegel
Michigan Supreme Court
Error to Saginaw; Gage, J. Assumpsit by Harry R. Brown against Frederick F. Spiegel on two promissory notes. Plaintiff caused an attachment to be levied on certain property of defendant: On motion to dissolve, the property was released, and by stipulation of the respective attorneys defendant was authorized to have deducted from plaintiff’s claim all damages and costs to which he might be entitled because of the wrongful levy. Judgment for defendant. Plaintiff brings error.
1Opinion of the CourtOstrander, C. J.
It was agreed by counsel that upon the two notes sued upon there was due to plaintiff $310.50. The only issue of fact arose over the claim of defendant that he had been damaged by the wrongful suing out of a writ of attachment and the levying of the writ upon certain real and personal'estate. This defense was made *646pursuant to a stipulation of counsel, entered into upon the dissolution of the attachment. The right of defendant to make this counterclaim, under this stipulation, was affirmed by this court after a former trial of this cause. 156 Mich. 138 (120 N. W. 679). The trial court ruled…
2Cases cited2 opinions
- Brown v. SpiegelMichigan Supreme Court · 1909
- Bunting v. PowersSupreme Court of Iowa · 1909