First National Bank v. Williams Milling Co.

Michigan Supreme Court

First National Bank v. Williams Milling Co.

67 N.W. 976, 110 Mich. 15, 1896 Mich. LEXIS 629

CourtMichigan Supreme Court

DecidedJune 30, 1896

StatusPublished

Cited by2 cases

This text of 67 N.W. 976 (First National Bank v. Williams Milling Co.) 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

First National Bank v. Williams Milling Co., 67 N.W. 976, 110 Mich. 15, 1896 Mich. LEXIS 629 (Mich. 1896).

Pincite

Opinion

Grant, J.

The plaintiff brought suit in attachment against the Williams Milling Company, under which the sheriff levied upon and seized certain property. The milling company filed a petition before the circuit judge for a dissolution of the attachment. The citation was issued and served October 24th, returnable October 28th. A Sunday intervened. Plaintiff appeared specially, and moved to quash the proceedings for insufficiency of notice. The statute requires the citation to be served at least three' days before the return day. The notice was insufficient. Caupfield v. Cook, 92 Mich. 626.

The order dissolving the attachment must be set aside, and an order entered for the return of the property into the possession of the sheriff.

The other Justices concurred.

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Grant, J.

The plaintiff brought suit in attachment against the Williams Milling Company, under which the sheriff levied upon and seized certain property. The milling company filed a petition before the circuit judge for a dissolution of the attachment. The citation was issued and served October 24th, returnable October 28th. A Sunday intervened. Plaintiff appeared specially, and moved to quash the proceedings for insufficiency of notice. The statute requires the citation to be served at least three' days before the return day. The notice was insufficient. Caupfield v. Cook, 92 Mich. 626.

The order dissolving the attachment must be set aside, and an order entered for the return of the property into the possession of the sheriff.

The other Justices concurred.

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Bluebook (online)

67 N.W. 976, 110 Mich. 15, 1896 Mich. LEXIS 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-williams-milling-co-mich-1896.

Opinion

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