Fetters v. Circuit Judge

Michigan Supreme Court

Fetters v. Circuit Judge

1 McGrath 797

CourtMichigan Supreme Court

DecidedNovember 20, 1894

DocketNo. 14439

StatusPublished

This text of 1 McGrath 797 (Fetters v. Circuit Judge) 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

Fetters v. Circuit Judge, 1 McGrath 797 (Mich. 1894).

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Opinion

To compel respondent to set aside a levy and sale and recall an execution.

Denied November 20, 1894.

The proceeding grows out of Atkinson vs. Weidner, 79 M., 575; 83 Id., 412, and Fetters vs. Atkinson, 102 M., 485.

Relator paid the full amount of the judgment on the note int*o court and filed his bill. Subsequently the amount of the judgment was paid over, leaving the surplus referred to in the last named case. In some manner an order was afterwards obtained directing the payment over of the surplus to Atkinson, whereupon Swift took out an execution and proceeded to a levy and sale under the judgment in favor of Atkinson. The sur[800]*800plus was afterwards returned to the register and the motion was made to set aside the sale and recall the execution.

The court below held said motion until the determination of Fetters vs. Atkinson, and then denied the same, holding that relator might redeem.

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To compel respondent to set aside a levy and sale and recall an execution.

Denied November 20, 1894.

The proceeding grows out of Atkinson vs. Weidner, 79 M., 575; 83 Id., 412, and Fetters vs. Atkinson, 102 M., 485.

Relator paid the full amount of the judgment on the note int*o court and filed his bill. Subsequently the amount of the judgment was paid over, leaving the surplus referred to in the last named case. In some manner an order was afterwards obtained directing the payment over of the surplus to Atkinson, whereupon Swift took out an execution and proceeded to a levy and sale under the judgment in favor of Atkinson. The sur[800]*800plus was afterwards returned to the register and the motion was made to set aside the sale and recall the execution.

The court below held said motion until the determination of Fetters vs. Atkinson, and then denied the same, holding that relator might redeem.

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Bluebook (online)

1 McGrath 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fetters-v-circuit-judge-mich-1894.