Rhode v. Hassler

Michigan Supreme Court

Rhode v. Hassler

71 N.W. 461, 113 Mich. 56, 1897 Mich. LEXIS 717

CourtMichigan Supreme Court

DecidedMay 25, 1897

StatusPublished

Cited by4 cases

This text of 71 N.W. 461 (Rhode v. Hassler) 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

Rhode v. Hassler, 71 N.W. 461, 113 Mich. 56, 1897 Mich. LEXIS 717 (Mich. 1897).

Pincite

Opinion

Grant, J.

The record of the levy was notice to complainant, and it is immaterial to determine when he had actual notice of the levy and sale. His agent was present at the sale, and knew that the interest of Lyons was sold as a whole. Complainant has mistaken his remedy. He should have applied to the court wherein the judgment was rendered to set aside the sale for the alleged irregularity. Cavenaugh v. Jakeway, Walk. Ch. 344; Hoffman v. Buschman, 95 Mich. 538.

The decree dismissing the bill is affirmed, with costs.

The other Justices concurred.

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Grant, J.

The record of the levy was notice to complainant, and it is immaterial to determine when he had actual notice of the levy and sale. His agent was present at the sale, and knew that the interest of Lyons was sold as a whole. Complainant has mistaken his remedy. He should have applied to the court wherein the judgment was rendered to set aside the sale for the alleged irregularity. Cavenaugh v. Jakeway, Walk. Ch. 344; Hoffman v. Buschman, 95 Mich. 538.

The decree dismissing the bill is affirmed, with costs.

The other Justices concurred.

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Bluebook (online)

71 N.W. 461, 113 Mich. 56, 1897 Mich. LEXIS 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhode-v-hassler-mich-1897.

Opinion

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