HERTER v. CITY OF DETROIT, 243 Mich. 66 (1928)

219 N.W. 617

HERTER v. CITY OF DETROIT.

Docket No. 132, Calendar No. 33,681.Supreme Court of Michigan.Submitted April 13, 1928.
Decided June 4, 1928.

Certiorari to Wayne; Jayne (Ira W.), J. Submitted April 13, 1928. (Docket No. 132, Calendar No. 33,681.) Decided June 4, 1928.

Case by George Herter against the city of Detroit for personal injuries. Judgment for plaintiff: On motion of defendant to dismiss a writ of garnishment. From an order denying the motion, defendant brings certiorari. Reversed.

Clarence E. Wilcox, Clarence E. Page, and Hazen J. Payette, for appellant.

Bresnahan Groefsema, for appellee.

POTTER, J.

Plaintiff recovered a judgment of $10,000 against the city of Detroit. He brought garnishment proceedings against the Commonwealth-Commercial State Bank, which disclosed an indebtedness to the city of Detroit in the sum of $1,465,987. The only question is whether garnishment proceedings will lie. The rule in this State is fixed by statute (3 Comp. Laws 1915, § 12970). The method of collecting judgments against cities is by mandamus to compel

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the proper city authorities to spread the tax to pay them Griswold v. Common Council of Ludington, 117 Mich. 317.

Judgment is reversed.

FEAD, C.J., and NORTH, FELLOWS, WIEST, CLARK, McDONALD, and SHARPE, JJ., concurred.