Legal Opinion

The Epworth Assembly v. Ludington & Northern Railway

Michigan Supreme Court

Decided July 19, 1923No. Docket No. 73PublishedCited by 10 opinions

Appeal from Mason; Cutler (Hal L.), J. Bill by The Epworth Assembly against the Ludington & Northern Railway for an injunction and other relief. From an order granting a motion to dismiss, plaintiff appeals. Plaintiff files this bill alleging that it was incorporated under the camp-meeting and assemblies act (2 Comp.

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Appeal from Mason; Cutler (Hal L.), J. Bill by The Epworth Assembly against the Ludington & Northern Railway for an injunction and other relief. From an order granting a motion to dismiss, plaintiff appeals. Plaintiff files this bill alleging that it was incorporated under the camp-meeting and assemblies act (2 Comp. Laws 1915, § 10062 et seq.) on May 23, 1894, as the Epworth League Training Assembly, later changed to its present name; that it acquired certain lands in Mason county fronting on Lake Michigan north of the city of Ludington; that they were acquired pursuant to a contract with…

1Opinion of the CourtFellows, J.

(after stating the facts). Counsel have filed most elaborate briefs covering every conceivable phase of the case and in which every possible question which is liable to arise on a hearing is discussed. We shall not consider in advance of a hearing on the merits many of the questions discussed at length by counsel as the only questions necessary to decision are whether plaintiff may proceed with its case and whether it is entitled at this time to an injunction.

It is conceded on all hands that the plaintiff has stated a case for some equitable relief. While not conceded by plaintiff it must be…

2Cases cited8 opinions

  1. City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
  2. Vyse v. RichardsMichigan Supreme Court · 1919
  3. Otto v. Village of Highland ParkMichigan Supreme Court · 1918
  4. Watson v. WagnerMichigan Supreme Court · 1918
  5. Pagenkoff v. Patrons' Mutual Fire InsuranceMichigan Supreme Court · 1917

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Ludington & Northern Railway v. Epworth AssemblyMichigan Court of Appeals · 1991
  2. Attorney General v. Thomas Solvent Co.Michigan Court of Appeals · 1985
  3. Bratton v. Detroit Automobile Inter-Insurance ExchangeMichigan Court of Appeals · 1982
  4. Doster v. EstesMichigan Court of Appeals · 1983
  5. Fancy v. EgrinMichigan Court of Appeals · 1989

5 more not listed; retrieve them via the Exa API.

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