(concurring in part and dissenting in part). I agree with the majority’s conclusion that the plaintiffs who were not judgment debtors have stated a valid claim and that it is a question of fact as to whether their property was commingled with that of the judgment debtors. However, I respectfully dissent from the majority’s conclusion that the Ivankoviches stated a valid claim against defendant Boone.
I would find that the Ivankoviches do not have standing to raise the claim asserted herein. The Ivankoviches are individual judgment debtors along with the corporate judgment debtor, Skimmer Manufacturing Corporation. The amended complaint does not allege that any of the Ivankoviches’ personal property Was improperly attached by defendant Boone. Rather, the amended complaint alleges that the inventory of Skimmer Manufacturing Corporation that was seized had a cost value in excess of $30,000. Thus, it is Skimmer Manufacturing Corporation alone among the judgment debtors which, possibly, has a claim for seizure of an excessive amount of property.
Even assuming that the Ivankoviches are proper plaintiffs, I would find that summary judgment, pursuant to GCR 1963, 117.2(1), would be appropriate as against them in that they failed to allege that defendant Boone did not act in good faith and in the exercise of sound discretion. See 80 CJS, Sheriffs and Constables, § 70, p 265.