
    Lizzie S. Price vs. John D. Read.
    A defendant in attachment who moves for a dissolution of the same must have an interest in the property attached to entitle him to an order of dissolution.
    
      Certiorari to a Circuit Court Commissioner of Washtenaw county.
   Opinion by

Cooley, J.

Mrs. Price sued out an attachment from the Washtenaw Circuit' Court against the property, of Reed. Reed'petitioned the Circuit Court Commissioner for an order dissolving the attachment. When the petition came on to be heard, it appeared that Reed had turned over all his interest in the attached property to one Wood, who held a chattel mortgage upon it. The counsel for Price thereupon moved to dismiss the petition on the ground that lieed had no right to a return of the property, and no right to take this proceeding. But the counsel for lieed disclaiming any desire for an order restoring the property, the Commissioner denied the' motion, and made an order dissolving the attachment.

Held, that this order was erroneous. To entitle the defendant in attachment to an order dissolving it, he must have a right to an order restoring the property to his own possession, and this he cannot have where he has parted with his interest.

Proceedings quashed.  