Van Bianchi v. Wayne Circuit Judge

Michigan Supreme Court
Van Bianchi v. Wayne Circuit Judge, 124 Mich. 462 (Mich. 1900)
83 N.W. 26; 1900 Mich. LEXIS 547
Grant, Other

Van Bianchi v. Wayne Circuit Judge

Opinion of the Court

Grant, J.

(after stating the facts). 1. Receivers may be garnished, by leave of the court. Cohnen v. Sweenie, 105 Mich. 643 (63 N. W. 641); Hudson v. Saginaw Circuit Judge, 114 Mich. 116 (72 N. W. 162, 68 Am. St. Rep. 465). We see no reason why the receiver appointed under the statute above cited is not subject to garnishment, as well as any other receiver.

*4632. The answer of the garnishee states that there is a personal claim allowed in favor of the principal defendant of $186.38, that he has in his hands sufficient to pay a dividend of 28 per cent., and that $52.18 is due. Whether the dividend due upon the other claim can be garnished, under Markham v. Gehan, 42 Mich. 74 (3 N. W. 262), will depend on the proofs.

The writ must issue.

The other Justices concurred.

Reference

Full Case Name
VAN BIANCHI v. WAYNE CIRCUIT JUDGE
Cited By
1 case
Status
Published