Horsman v. Bruce

Circuit Court of the 40th Circuit of Michigan

Horsman v. Bruce

1 Mich. N.P. 255

CourtCircuit Court of the 40th Circuit of Michigan

DecidedAugust 15, 1870

StatusPublished

This text of 1 Mich. N.P. 255 (Horsman v. Bruce) is published on Counsel Stack Legal Research, covering Circuit Court of the 40th Circuit of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Horsman v. Bruce, 1 Mich. N.P. 255 (Mich. Super. Ct. 1870).

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Opinion

JBy the Court,

Dewey, J.

This is a motion by defendant to quash the writ of attachment on the ground of a defective affidavit.

In the words “ dispose of or conceal,” “ or ” is used copulatively, “ not to connect two distinct facts of different natures, but to characterize and include two or more phases of the same fact, attended with the same results.” Sec. 102, Brake on Attachments, “ To dispose of,” is a comprehensive term, and “ to conceal ” would be one method of disposing of the property ; [256]*256and. in most cases it would be difficult for a party to swear as to the particular method of the disposition about to be made of defendant’s property. The motion must therefore be denied with costs. Sec. 3, Stewart & Porter 335; 9 Yerger, 429; 10 Smead & Marshall, 413; Id., 63; 5 Porter, 77.

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JBy the Court,

Dewey, J.

This is a motion by defendant to quash the writ of attachment on the ground of a defective affidavit.

In the words “ dispose of or conceal,” “ or ” is used copulatively, “ not to connect two distinct facts of different natures, but to characterize and include two or more phases of the same fact, attended with the same results.” Sec. 102, Brake on Attachments, “ To dispose of,” is a comprehensive term, and “ to conceal ” would be one method of disposing of the property ; [256]*256and. in most cases it would be difficult for a party to swear as to the particular method of the disposition about to be made of defendant’s property. The motion must therefore be denied with costs. Sec. 3, Stewart & Porter 335; 9 Yerger, 429; 10 Smead & Marshall, 413; Id., 63; 5 Porter, 77.

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Bluebook (online)

1 Mich. N.P. 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horsman-v-bruce-micirct40-1870.

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