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Van Bianchi v. Wayne Circuit Judge

Van Bianchi v. Judge, 83 N.W. 26 (Mich. 1900)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 5, 1900
Judges
Grant, Other
Citations
83 N.W. 26124 Mich. 4621900 Mich. LEXIS 547
Headnotes
Garnishment — Liability of Receivers. * 1. Receivers under chapter 300, 3 Comp. Laws 1897, are subject to garnishment. 2. Whether the receiver can be garnished for the dividend of one of three joint claimants will depend upon the proofs.
Summary
Mandamus by Annabele Van Bianchi to compel Byron S. Waite, circuit judge of Wayne county, to vacate an order quashing certain garnishment proceedings. The corporation known as the Frontier Iron Works was dissolved under chapter 300, 3 Comp. Laws 1897, and a receiver appointed. Three parties, named Christie, Noble, and Weber, filed a joint claim against the corporation. The claim was submitted by direction of the court to referees, who made a report in favor of the claimants for $6,045.25. The relator had a claim against Christie, and, by leave of the court, garnished the receiver. Subsequently the court (another judge sitting) quashed the garnishee proceedings on the ground that the receiver was not liable to garnishment.

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

Opinion of the Court — Grant

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Grant, J.

(after stating the facts). 1. Receivers may be garnished, by leave of the court. Cohnen v. Sweenie, 105 Mich. 643 ( 63 N. W. 641 ); Hudson v. Saginaw Circuit Judge, 114 Mich. 116 ( 72 N. W. 162 , 68 Am. St. Rep. 465 ). We see no reason why the receiver appointed under the statute above cited is not subject to garnishment, as well as any other receiver.

*463

2. The answer of the garnishee states that there is a personal claim allowed in favor of the principal defendant of $186.38, that he has in his hands sufficient to pay a dividend of 28 per cent., and that $52.18 is due. Whether the dividend due upon the other claim can be garnished, under Markham v. Gehan, 42 Mich. 74 ( 3 N. W. 262 ), will depend on the proofs.

The writ must issue.

The other Justices concurred.

How later courts describe this case

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

1926: 119262026peak 1926 · 1

Relies on it most ⓘ

  1. Battjes Fuel & Building Material Co. v. Milanowski211 N.W. 27 (Mich. 1926)

Most recent

  1. Battjes Fuel & Building Material Co. v. Milanowski211 N.W. 27 (Mich. 1926)

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 3

DepthCaseCited by
Cohnen v. Sweenie, 63 N.W. 641 (Mich. 1895) 7
Hudson v. Saginaw Circuit Judge, 47 L.R.A. 345 (Mich. 1897) 14
Markham v. Gehan, 3 N.W. 262 (Mich. 1879) 6

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