EXECUTION - MISDIRECTION OF PROCESS - VALIDITY OF AMENDMENT

Authors

Michigan Law Review, University of Michigan Law School

Abstract

A statute provided that where the writ of execution requires the delivery of real or personal property, it "must" be issued to the sheriff of the county where the property is situated. The judgment debtor had some money deposited with the defendant bank in Y county on which plaintiff sought execution. The writ was directed to the sheriff of X county but was delivered to the sheriff of Y county. The writ was served on the defendant bank and the vice president of the bank made a return stating that the bank had no property in its possession, nor under its control, belonging to the judgment debtor. Two years after that service was made, plaintiff had the court amend the writ so that it was directed to the sheriff of Y county. Held, the original writ did not create a lien upon deposits belonging to the judgment debtor because, the statute being mandatory, the service of the writ was void because misdirected, and the defect was cured neither by the defendant bank's return nor by the subsequent amendment. Merchants Credit Service v. Chouteau County Bank, (Mont. 1941) 114 P. (2d) 1074.

Recommended Citation

Michigan Law Review, EXECUTION - MISDIRECTION OF PROCESS - VALIDITY OF AMENDMENT, 40 Mich. L. Rev. 462 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss3/13