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ORDON v. SARKO

Calendar No. 29, Docket No. 49,088.

371 Mich. 689 (1963)

124 N.W.2d 876

ORDON v. SARKO.

Supreme Court of Michigan.

Rehearing denied February 3, 1964., with opinion.

Rehearing denied April 6, 1964.

Attorney(s) appearing for the Case

Victor H. Wehmeier, for plaintiff.

Grossman, Hyman & Grossman (J. Leonard Hyman and Carl Levin, of counsel), for garnishee defendant.

SMITH, J. (for reversal).

Almost simultaneously with the commencement of principal suit in June, 1956, plaintiff caused a writ of garnishment to issue and be served personally upon the garnishee defendant, who failed to appear and file disclosure. Plaintiff obtained judgment against the principal defendant in October, 1958. Thereafter, the principal defendant was adjudicated bankrupt. Plaintiff procured from bankruptcy court the right, in contest against the...

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