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146 Mich. 488

Duryea v. Raymond

Michigan Supreme Court

Decided December 3, 1906

Michigan Supreme Court · decided 1906-12-03

Garnishment proceedings by Anna Duryea against James L. Ash and Amy Ash as garnishees of John W. Raymond. There was judgment for defendants, and plaintiff brings error..

Cited by 1 later decisions — most recently June 1907

1 state decisions

Relies on Weimeister v. Manville · Williams v. International Grain & Stock Board

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1906-12-03

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Montgomery, J.

¶1The question which this record presents is whether an affidavit in garnishment, made by an attorney, which states that the plaintiff (not the affiant) is justly apprehensive of a loss of the debt unless a writ of garnishment issue, is sufficient' to confer jurisdiction to issue the writ, or subject to amendment. These questions must be answered in the negative, on the authority of Weimeister v. Manville, 44 Mich. 408. That case is in point, was decided a quarter of a century ago, and has never been modified, although it was distinguished *489from the case then under consideration in Williams v. Stock Board, 99 Mich. 80.

¶2The circuit judge followed the ruling in Weimeister v. Manville, and his judgment is affirmed.

Grant, Blair, Ostrander, and Hooker, JJ., concurred.
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