Carr v. Nat'l Disc. Corp.
| Decision Date | 16 February 1948 |
| Docket Number | No. 56.,56. |
| Citation | 320 Mich. 192,30 N.W.2d 832 |
| Parties | CARR v. NATIONAL DISCOUNT CORPORATION. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Wayne County; Joseph A. Moynihan judge.
Action by Dorothy Carr against National Discount Corporation for causing arrest of plaintiff's husband, wherein plaintiff obtained a writ of garnishment directed to the National Bank of Detroit. From an order quashing the garnishment proceedings, plaintiff appeals.
Affirmed.
Before the Entire Bench.
Hugh Kenneth Davidson, of Detroit, for appellant.
Louis Rosenzweig, of Detroit, for defondant and appellee.
This is an appeal from an order dismissing a garnishment and releasing the garnishee defendant.
The facts are not in dispute and are as follows: On April 8, 1947, plaintiff began her cause of action by the filing of a declaration against defendant company. The basis of the action was that on October 18, 1946, the defendant, its servants and agents, unlawfully caused plaintiff's husband Anthony Carr, to be arrested by the police department of he city of Hamtramck and in combination with said police department held the person of Anthony Carr from October 18, 1946, until October 21, 1946, for the purpose of extorting from said Anthony Carr certain sums of money claimed by defendant company to be due from Anthony Carr to defendant company; and that because of such action taken by defendant company she (plaintiff) paid to defendant company the sum of $2,210 on October 21, 1946, and therefore claims recovery in the sum of $3,000.
On April 11, 1947, plaintiff signed an affidavit for a writ of garnishment directed to the National Bank of Detroit. On April 25, 1947, the National Bank of Detroit filed its disclosure and on April 17, 1947, defendant company filed a motion to quash the writ of garnishment for the following reasons:
‘1. That the Declaration filed in this cause shows that the cause of action arises out of a tort and not upon contract;
‘2. That the Declaration filed in this cause does not disclose any basis upon which a writ of garnishmant can be issued or sustained;
On May 20, 1947, the trial judge entered an order quashing the garnishment proceedings. Plaintiff appeals.
Proceedings in garnishment is special and statutory, affording a harsh remedy, and one pursuing it must bring himself within the statute and follow its mandates. W. H. Warner Coal Co. v. Nelson, 204 Mich. 317, 169 N.W. 852;Weber v. Wayne Circuit Judge, 217 Mich. 561, 187 N.W. 528;Detroit Independent Oil Company v. Miller, 235 Mich. 161, 209 N.W. 102;People's Wayne County Bank v. Stott, 246 Mich. 540, 224 N.W. 352, 64 A.L.R. 427.
The statute relating to garnishment, 3 Comp.Laws 1929, § 14857, Stat.Ann. § 27.1855, provides.
‘In all personal actions arising upon contract brought in the several courts or in municipal courts of civil jurisdiction, whether commenced by declaration, writs of capias, summons or attachment, and in all ...
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Westland Park Apartments v. Ricco, Inc.
...of statute and are to be strictly construed. Hosner v. Brown, 40 Mich.App. 515, 199 N.W.2d 295 (1972), Carr v. National Discount Corp., 320 Mich. 192, 30 N.W.2d 832 (1948). Michigan courts have further held that a garnishment proceeding is ancillary to an action against the principal defend......
- Scally v. Mich. Liquor Control Comm'n, 21.
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Hosner v. Brown
...affording a harsh remedy, and one pursuing it must bring himself within the statute and follow its mandates'. Carr v. National Discount Corp., 320 Mich. 192, 30 N.W.2d 832 (1948) and cases therein The Carr case, Supra, is interesting in that it is a suit to recover a certain sum of money al......