45 N.W. 93 (Mich. 1890), First Nat. Bank v. Burch

• Date: 18 April 1890
• Docket Number: .
• Citation: 80 Mich. 242,45 N.W. 93
• Parties: FIRST NAT. BANK v. BURCH et al.
• Court: Michigan Supreme Court

Page 93

45 N.W. 93 (Mich. 1890)

80 Mich. 242

FIRST NAT. BANK

v.

BURCH et al.

Supreme Court of Michigan

April 18, 1890

Error to circuit court, Wayne county; C.J. REILLY, Judge.

[80 Mich. 243] George F. Beasley and J. W. Donovan, for plaintiffs in error.

Gray & Gray, for defendant in error.

LONG, J.

This is a garnishment proceeding under the statute, and process was served under the provisions of Act. No. 266, Pub. Acts 1889, on the deputy supreme justice, an agent of the garnishee defendant at Detroit, this state. The proceedings were commenced in the Wayne circuit court; and, after the service of process, one Isaac E. Brown, for and in behalf of the garnishee, made the following disclosure: "The answer and disclosure of Isaac E. Brown, one of the officers and agents of the Supreme Sitting of the Order of the Iron Hall. Said garnishee defendant, being duly sworn, says that the garnishee defendant above named is a corporation under the laws of the state of Indiana, and doing business under the laws of the state of Michigan, and that the principal business offices of said order are located at Indianapolis, Ind. This defendant further says that he is the supreme trustee, an officer and agent of and for said garnishee defendant in this cause, and is familiar with the facts in relation thereto, and at the time of the service of the garnishee summons in this cause, to-wit, October 30, 1889, the said garnishee defendant was indebted to the said principal defendant, George A. Burch, in the sum of, to-wit, seven hundred dollars, as near as he can estimate the same, and that it had no other property, moneys, or effects in its hands, or under its control, or within its knowledge, belonging to said principal defendant. And this defendant further says that the seven hundred[80 Mich. 244] dollars herein mentioned and disclosed is the same seven hundred dollars hereafter mentioned in three several disclosures made in the justice courts of Detroit in causes similarly entitled to the suits herein, and that he is informed and believes that the principal defendant herein is a married man, and a householder, and that the indebtedness from the garnishee defendant to the principal defendant is for moneys due upon a certificate of membership held by said principal defendant in said corporation, garnishee defendant, the Supreme Sitting of the Order of the Iron Hall, which corporation, garnishee defendant herein, is a benevolent, charitable, and fraternal association." The actions against the principal defendant were commenced in justice court, and after judgments there, were removed to the circuit court of Wayne county, by filing transcripts of such judgments, amounting in all to the sum of $603.34 at the date of the trial of the garnishee proceedings in the circuit court; the proceedings in the present case being upon one of such transcripts of judgments, and judgment taken against the garnishee defendant for the sum of $166.27. The garnishee defendant and the principal defendant both bring the cause...