Shafer Iron Co. v. Circuit Judge

Michigan Supreme Court

Shafer Iron Co. v. Circuit Judge

1 McGrath 31, 88 McGrath 464

CourtMichigan Supreme Court

DecidedNovember 20, 1891

DocketNo. 12323

StatusPublished

This text of 1 McGrath 31 (Shafer Iron Co. v. Circuit Judge) 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

Shafer Iron Co. v. Circuit Judge, 1 McGrath 31, 88 McGrath 464 (Mich. 1891).

Pincite

Opinion

To compel respondent to set aside the service of a writ of garnishment and to vacate an order requiring the production, for examination, of the officers and agents of a foreign corporation residing in another state, upon the ground that the service of the writ was not made upon any proper officer or agent; that the statute authorizing service upon foreign corporations is unconstitutional, and that the circuit judge has no power to compel officers of a corporation residing out of the state to appear before him for examination. .

Granted in part November 20, 1891.

Held (1) that service under How. Stat. Sec. 8086 as amended by Act No. 266, Laws of 1889, was not confined to a general agent of the corporation; (2) That How. Stat. Sec. 8061, does not apply to a foreign corporation when summoned as garnishee, and hence that the circuit judge had no power to- order the officers to appear and bring before him the boohs and papers of the corporation.

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To compel respondent to set aside the service of a writ of garnishment and to vacate an order requiring the production, for examination, of the officers and agents of a foreign corporation residing in another state, upon the ground that the service of the writ was not made upon any proper officer or agent; that the statute authorizing service upon foreign corporations is unconstitutional, and that the circuit judge has no power to compel officers of a corporation residing out of the state to appear before him for examination. .

Granted in part November 20, 1891.

Held (1) that service under How. Stat. Sec. 8086 as amended by Act No. 266, Laws of 1889, was not confined to a general agent of the corporation; (2) That How. Stat. Sec. 8061, does not apply to a foreign corporation when summoned as garnishee, and hence that the circuit judge had no power to- order the officers to appear and bring before him the boohs and papers of the corporation.

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Bluebook (online)

1 McGrath 31, 88 McGrath 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shafer-iron-co-v-circuit-judge-mich-1891.