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69 Mich. 114

Gore v. Ray

Michigan Supreme Court

Decided March 2, 1888

Michigan Supreme Court · decided 1888-03-02

(Smith,J.) Proceedings to review an order of the circuit court dissolving an attachment. Plaintiff brings error. The facts are stated in the opinion

Cited by 2 later decisions — most recently November 1929

2 state decisions

Relies on Gray v. York

Good law ✅— No negative treatment on recordhow we know

Writ dismissed as not a proper remedy · Decided 1888-03-02

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Long, J.

¶1This is a proceeding upon a petition to a circuit court commissioner of Berrien county to dissolve a writ of attachment.

¶2The proceedings, after hearing before the commissioner, were removed by appeal to the circuit court for said county, and, upon a hearing there by the court before a jury, the attachment was dissolved. The respondent brings the cause to this Court on a writ of error.

¶3This writ is not the proper remedy. It is not a proceeding according to the course of the common law, but is a special proceeding under the statute. Gray v. York, 44 Mich. 415 (6 N. W. Rep. 874). The writ of error must be dismissed.

The other Justices concurred.
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