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Gore v. Ray

George P. Gore v. Hiram W. Ray

Gore v. Ray, 36 N.W. 739 (Mich. 1888)
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Court
Michigan Supreme Court · State Highest Courts
Decided
March 2, 1888
Judges
Long, Other
Citations
36 N.W. 73969 Mich. 1141888 Mich. LEXIS 707
Disposition
Writ dismissed as not a proper remedy.
Headnotes
Dissolution of attachment — Writ of’ error. A writ of error will not lie to review an order of the circuit court dissolving a writ of attachment.
Summary
Error to Berrien. (Smith,"J.) Proceedings to review an order of the circuit court dissolving an attachment. Plaintiff brings error. The facts are stated in the opinion

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Long

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Long, J.

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

The 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.

This 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1911: 11929: 119112026peak 1911 · 1

Relies on it most ⓘ

  1. Ex parte France95 N.E. 515 (Ind. 1911) · Concurrence
  2. Jirasek v. Wayne Circuit Judge227 N.W. 724 (Mich. 1929)

Most recent

  1. Jirasek v. Wayne Circuit Judge227 N.W. 724 (Mich. 1929)
  2. Ex parte France95 N.E. 515 (Ind. 1911) · Concurrence

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Gray v. York, 6 N.W. 874 (Mich. 1880) 7

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