Opinion

Herter v. City of Detroit

1928 Mich. LEXIS 579 · Michigan Supreme Court · Jun 4, 1928

Full text

Herter v. City of Detroit.

Opinions in this case

Majority
Majority — Potter

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 *Page 67 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.

Parentheticals

“The rule in this state is fixed by statute.... The method of collection judgments against cities is by mandamus to compel the property city authorities to spread the tax to pay them.”
In re City of Detroit