Spears v. Chapman
Cases that cite this one
6 later published cases cite this decision.
- Zucker v. Cervelli (Ohio Ct. App. 1962)
- Ruhl v. A. Ruoff Brewing Co. (Mich. 1897)
- Barber v. Howd (Mich. 1891)
- Ball v. Young (Mich. 1884)
- Walker v. Detroit, Grand Haven & Milwaukee Railroad (Mich. 1882)
- Weirich v. Scribner (Mich. 1880)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
These cases are substantially alike, and in each the judgment must be reversed. This court has held recently in several cases that the garnishee’s disclosure in justice’s court must show a liability to the principal defendant before a judgment can be rendered thereon. If the disclosure is ambiguous, leaving it uncertain whether any indebtedness exists, or if so, to whom, and the ease substantially rests upon that, the plaintiff must fail. The garnishee is the plaintiff’s witness, and the burden of proof is upon Mm to make out by that witness a prima facie case. •
Judgments reversed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.