Kingsbury v. Kingsbury
Michigan Supreme Court
Motion to dismiss an appeal in Chancery from the Cass Circuit. The bill was filed by Charles. Kingsbury against Asa Kingsbury for an account of partnership dealings, and transactions, and the cause having been brought to a hearing on bill and answer, the Court “ordered that it be referred to Strother M. Beeson, a special Commissioner, to take an account between the parties as to all matters growing out of their partnership relations, and that said special Commissioner state…
Read the full summary
Motion to dismiss an appeal in Chancery from the Cass Circuit. The bill was filed by Charles. Kingsbury against Asa Kingsbury for an account of partnership dealings, and transactions, and the cause having been brought to a hearing on bill and answer, the Court “ordered that it be referred to Strother M. Beeson, a special Commissioner, to take an account between the parties as to all matters growing out of their partnership relations, and that said special Commissioner state said account from the first day of August, A. D. (1842), eighteen hundred and forty-two; and also a separate statement…
1Opinion of the Court
Campbell, Ch. J.
A motion is made to dismiss this appeal on the ground that the order confirming a Commissioner’s report upon a partnership accounting, is neither a decree nor a final order, as contemplated by the statute regulating appeals.
The appellant claims that the order does in fact decide upon the merits, and is therefore a decree. If it does so adjudicate, it was held in Campau v. Lewis, 14 Mich. 460, that it would be appealable, though not deciding the whole case; and if, as claimed, the rights passed upon, can not be reviewed at all unless on this appeal, there can be no doubt of its…
2Cases cited12 opinions
- Lewis v. CampauMichigan Supreme Court · 1866
- Bennett v. NicholsMichigan Supreme Court · 1863
- Duncan v. CampauMichigan Supreme Court · 1867
- Perkins v. PerkinsMichigan Supreme Court · 1862
- Newbould v. StewartMichigan Supreme Court · 1866
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith v. WalkerMichigan Supreme Court · 1885
- Wurzer v. GeraldineMichigan Supreme Court · 1934
- Ledebuhr v. Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1897
- Bewick v. Alpena Harbor Improvement Co.Michigan Supreme Court · 1878
- People v. PummerMichigan Supreme Court · 1976
11 more not listed; retrieve them via the Exa API.