Herter v. City of Detroit

Michigan Supreme Court

Herter v. City of Detroit

219 N.W. 617, 243 Mich. 66, 1928 Mich. LEXIS 579

CourtMichigan Supreme Court

DecidedJune 4, 1928

DocketDocket No. 132, Calendar No. 33,681.

StatusPublished

Cited by3 cases

This text of 219 N.W. 617 (Herter v. City of Detroit) 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

Herter v. City of Detroit, 219 N.W. 617, 243 Mich. 66, 1928 Mich. LEXIS 579 (Mich. 1928).

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Opinion

Plaintiff recovered a judgment of $10,000 against the city of Detroit. He brought garnishment proceedings against the Commonwealth-Commercial State Bank, which disclosed an indebtedness to the city of Detroit in the sum of $1,465,987. The only question is whether garnishment proceedings will lie. The rule in this State is fixed by statute (3 Comp. Laws 1915, § 12970). The method of collecting judgments against cities is by mandamus to compel *Page 67 the proper city authorities to spread the tax to pay them.Griswold v. Common Council of Ludington, 117 Mich. 317.

Judgment is reversed.

FEAD, C.J., and NORTH, FELLOWS, WIEST, CLARK, McDONALD, and SHARPE, JJ., concurred.

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Plaintiff recovered a judgment of $10,000 against the city of Detroit. He brought garnishment proceedings against the Commonwealth-Commercial State Bank, which disclosed an indebtedness to the city of Detroit in the sum of $1,465,987. The only question is whether garnishment proceedings will lie. The rule in this State is fixed by statute (3 Comp. Laws 1915, § 12970). The method of collecting judgments against cities is by mandamus to compel *Page 67 the proper city authorities to spread the tax to pay them.Griswold v. Common Council of Ludington, 117 Mich. 317.

Judgment is reversed.

FEAD, C.J., and NORTH, FELLOWS, WIEST, CLARK, McDONALD, and SHARPE, JJ., concurred.

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Bluebook (online)

219 N.W. 617, 243 Mich. 66, 1928 Mich. LEXIS 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herter-v-city-of-detroit-mich-1928.

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