Axtell v. Gibbs

Michigan Supreme Court

Axtell v. Gibbs

18 N.W. 396, 52 Mich. 640, 1884 Mich. LEXIS 842

CourtMichigan Supreme Court

DecidedFebruary 8, 1884

StatusPublished

Cited by42 cases

This text of 18 N.W. 396 (Axtell v. Gibbs) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Axtell v. Gibbs, 18 N.W. 396, 52 Mich. 640, 1884 Mich. LEXIS 842 (Mich. 1884).

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Opinion

Cooley, C. J.

Tlie defendant'was proceeded against as-garnishee of James O. Gibbs. The proceedings in the case-are given in the preceding opinion. The circuit judge was quite right in dismissing the garnishee proceeding when; the plaintiff *had failed to secure service upon the principal defendant within the statutory period. Noble v. Bourke, 44 Mich. 194. Whatever the plaintiff might do to keep the suit against the principal defendant alive for the purposes of a personal " judgment, did not concern the garnishee ; the proceeding against him was purely statutory, and his hands were tied and his action restrained for the time only that the statute provided for such service on the principal debtor as was necessary to enable the plaintiff to reach the credits and effects in the hands of the garnishee. The two proceedings are by no means indissolubly associated.

The judgment must be affirmed.

The other Justices concurred.

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Cooley, C. J.

Tlie defendant'was proceeded against as-garnishee of James O. Gibbs. The proceedings in the case-are given in the preceding opinion. The circuit judge was quite right in dismissing the garnishee proceeding when; the plaintiff *had failed to secure service upon the principal defendant within the statutory period. Noble v. Bourke, 44 Mich. 194. Whatever the plaintiff might do to keep the suit against the principal defendant alive for the purposes of a personal " judgment, did not concern the garnishee ; the proceeding against him was purely statutory, and his hands were tied and his action restrained for the time only that the statute provided for such service on the principal debtor as was necessary to enable the plaintiff to reach the credits and effects in the hands of the garnishee. The two proceedings are by no means indissolubly associated.

The judgment must be affirmed.

The other Justices concurred.

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Bluebook (online)

18 N.W. 396, 52 Mich. 640, 1884 Mich. LEXIS 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/axtell-v-gibbs-mich-1884.

Opinion

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