Detroit Post & Tribune Co. v. Reilly

• Decision Date: 29 June 1881
• Citation: Detroit Post & Tribune Co. v. Reilly, 46 Mich. 459, 9 N.W. 492 (Mich. 1881)
• Parties: DETROIT POST & TRIB. CO. v. REILLY and another.
• Court: Michigan Supreme Court

9 N.W. 492

46 Mich. 459

DETROIT POST & TRIB. CO. v. REILLY and another.

Supreme Court of Michigan

June 29, 1881

Garnishee proceedings for the attachment of a claim for damages for a libel cannot be instituted until after judgment has been entered upon the verdict. Injunction to restrain collection of judgment, held, properly dissolved.

Appeal from superior court, Detroit.

C.J Reilly, for defendants.

MARSTON C.J.

The defendant Phelps recovered in the superior court of Detroit a verdict against the complainant on the twenty-fourth day of January, 1881, upon which judgment was entered March 12th. January 27, 1881, a writ of garnishment was sued out of the Wayne circuit court by Louis Selling who claimed to be a creditor of Phelps, and such writ was on the same day served upon the complainant. February 11, 1881, the complainant filed its disclosure, and on the sixteenth of February a demand of trial was filed by the garnishee plaintiff in such garnishee suit. March 10, 1881, complainant was notified that the verdict above mentioned had been, on the twenty-fifth day of January, 1881, assigned to the defendant Reilly. The complainant thereupon filed its bill of interpleader in the superior court against these defendants Reilly, Phelps and Selling, and an injunction was issued restraining the collection of such judgment and the prosecution...