Brummagim v. Boucher
BRUMMAGIM v. BOUCHER
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.
In the ease of Smith v. Hutchinson, Green & Co., decided at the January Term, 1855, it was said: “ The whole proceeding of the District Court was irregular. It was the duty of the Court simply to render a judgment against the garnishee for the amount found due, and the order to pay the same into Court was improper.”
That opinion is decisive of the order in the present case. It is therefore reversed, and the cause remanded.
Cited by
- Israel v. Bryan Civ. Nos. 3438 and 3450. · 1921-03-26