Western Knitting Mills Co. v. Circuit Judge
This text of 1 McGrath 50 (Western Knitting Mills 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.
Opinion
To compel respondent to vacate an order quashing a writ of garnishment.
Granted May 21, 1891, with costs.
The writ issued in a suit commenced by relator against another domestic corporation as principal defendant and against one Balch as garnishee defendant, and was quashed because the corporations were not described as such in the affidavit, but were referred to byname only.
Respondent relied upon Ettelson vs. Fireman’s Ins. Co., 64 M., 331, where the affidavit failed to allege the corporate capacity and existence of the garnishee. Relator contended that the garnishee proceedings were aneilliary and inasmuch as the declaration fully described the parties to the original suit, that was sufficient.
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1 McGrath 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-knitting-mills-co-v-circuit-judge-mich-1891.