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30 Mich. 481

Wellover v. Soule

Michigan Supreme Court

Decided October 30, 1874

Michigan Supreme Court · decided 1874-10-30

Wellover sued one Emily Piersons before a justice of the peace and garnished George G. Soule. The garnishee summons was dated April 28, 1873, and was served the same day. The return day named in the summons was April 10th, 1873. On May 10th, 1873, the garnishee defendant appeared and answered.

Good law ✅— No negative treatment on recordhow we know

Decided 1874-10-30

How this case has been cited

Cited by 10 later decisions — most recently June 1937

10 state decisions

301874188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cooley, J.

¶1The circuit judge was mistaken in supposing that the error of the justice in making the garnishee summons returnable on the tenth day of April, instead of the tenth day of May, was fatal to the proceedings. This was obviously a mere clerical error, and the appearance and answer of the garnishee on the day intended, was a waiver of the error, and the summons might then have been amended, or the mistake disregarded.

¶2But we also think that no mistake has been committed of which the plaintiff can complain. The garnishee’s answer negatived any separate liability to the principal *483•debtor, and in any event judgment must have passed in his favor. This was ruled in Newell v. Blair, 7 Mich., 103, which is decisive of the present case. The only error committed by the circuit judge was in giving an invalid reason for his conclusion; but this constitutes no ground for -reversing a correct judgment.

¶3The judgment must be affirmed, with costs.

The other Justices concurred.
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