Duryea v. Raymond
Michigan Supreme Court
Duryea v. Raymond, 146 Mich. 488 (Mich. 1906)
109 N.W. 851; 1906 Mich. LEXIS 935
Blair, Grant, Hooker, Montgomery, Ostrander
Duryea v. Raymond
Opinion of the Court
The question which this record presents is whether an affidavit in garnishment, made by an attorney, which states that the plaintiff (not the affiant) is justly apprehensive of a loss of the debt unless a writ of garnishment issue, is sufficient' to confer jurisdiction to issue the writ, or subject to amendment. These questions must be answered in the negative, on the authority of Weimeister v. Manville, 44 Mich. 408. That case is in point, was decided a quarter of a century ago, and has never been modified, although it was distinguished
The circuit judge followed the ruling in Weimeister v. Manville, and his judgment is affirmed.
Reference
- Full Case Name
- DURYEA v. RAYMOND
- Cited By
- 1 case
- Status
- Published