Rasch v. Sheppard

• Decision Date: 02 July 1895
• Citation: 63 N.W. 968,105 Mich. 667
• Court: Michigan Supreme Court
• Parties: RASCH ET AL. v. SHEPPARD ET UX.

63 N.W. 968

105 Mich. 667

RASCH ET AL. v. SHEPPARD ET UX.

Supreme Court of Michigan

July 2, 1895

Appeal from circuit court, Wayne county, in chancery; George S Hosmer, Judge.

Judgment creditors' bill by Edwin A. Rasch and another against Alfred E. Sheppard and wife. From an interlocutory order complainants appeal. Dismissed.

Bowen Douglas & Whiting, for appellants.

Charles C. Stewart, for appellees.

LONG J.

Complainants filed an ordinary judgment creditors' bill, in which the defendant Alfred E. Sheppard was the judgment debtor, upon January 14, 1893. On the same day, an order for an injunction was indorsed on the bill by the circuit judge, and the subpoena and injunction immediately issued. The injunction among other things, restrained the defendant Alfred E Sheppard "from collecting, receiving, selling, transferring, assigning, delivering, or in any way or manner using, controlling, intefering, meddling with, or disposing of, any debts or demands due to said Alfred E. Sheppard, *** or of any real or personal estate, goods, wares, merchandise, account books, bills, drafts, checks, moneys, stocks, promissory notes, bonds, mortgages, judgments, or other securities, things in action, property, or effects belonging to the said Alfred E. Sheppard." The writ of subpoena and the writ of injunction, together with a copy of the bill of complaint and notice for the appointment of a receiver, were served personally upon the other defendant, Mary G. Sheppard, the wife of the defendant Alfred E. Sheppard, upon the afternoon of January 14, 1893; and a copy of the writ of injunction was left with her at that time. This was Saturday afternoon. On Monday afternoon, January 16, 1893, after banking hours, a similar service was made upon the defendant Alfred E. Sheppard. During the month of February, 1894, the defendant Alfred E. Sheppard was examined before one of the circuit court commissioners in this same cause as to the property in his possession or under his custody or control at the time the bill of complaint was filed against him, and he denied having any property of any kind whatsoever or any money in his possession at the time the bill was filed against him. In this examination, however, it was developed that the defendant Alfred E. Sheppard had borrowed $2,000 of a Mrs. Frances Wells, of Detroit, Mich., during the month of December, 1892; but the defendant claimed to have spent all the money before the bill of complaint was filed in this cause, on January 14, 1893, although he could not or refused to account specifically as to what he has done with it. In December, 1894, a case was tried in the Wayne circuit court, in which Frances W. Wells was plaintiff, and Mary G. Sheppard, the wife of Alfred E. Sheppard, was defendant, which suit was for the recovery of this same $2,000 referred to in the testimony...