McCreery v. Circuit Judge

1 McGrath 455, 93 McGrath 463

• Court: Michigan Supreme Court
• Decided: November 18, 1892
• Docket: No. 13092
• Status: Published

Opinion

To compel discovery in a judgment creditor’s suit.

Denied November 18, 1892, with costs.

The decision in Riopelle vs. Doellner, 26 M., 102, and in Sheldon vs. Walbridge, 44 Id., 251, that since parties have become general witnesses under our statutes, a bill of .discovery will not lie, where the facts sought to be discovered are within the knowledge of any witness, applies to a bill of discovery in aid of a suit at law.

The statute making parties competent witnesses did not repeal the statutory provisions (How. Stat., Secs. 6614, 6615, 6617, 8168, 8169) giving the Chancery Court power to compel a discovery in suits by judgment creditors to enforce their judgments; citing Hubbard vs. McNaughton, 43 M., 220; Turnbull vs. Lumber Co., 55 Id., 387.

A complainant is not entitled to file exceptions to. the voluntary answer of a corporation officer to a judgment creditor’s bill, especially when the answer contains an express denial of the charges made in the bill.