Electric Park Amusement Co. v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by the Electric Park Amusement Company and another to compel Alfred J. Murphy, circuit judge of Wayne county, to vacate an order appointing a trustee. On October 23, 1905, the Electric Park Amusement Company executed to the Union Trust Company, trustee, a first mortgage upon its real estate in Detroit to secure an issue of $80,000 of its first mortgage bonds.
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Mandamus by the Electric Park Amusement Company and another to compel Alfred J. Murphy, circuit judge of Wayne county, to vacate an order appointing a trustee. On October 23, 1905, the Electric Park Amusement Company executed to the Union Trust Company, trustee, a first mortgage upon its real estate in Detroit to secure an issue of $80,000 of its first mortgage bonds. Subsequently it conveyed its said real estate to the Electric City Amusement Company, subject to said mortgage. On April 1,1907, the last-mentioned amusement company mortgaged said property to the Union Trust Company, trustee,…
1Opinion of the CourtHooker, J.
(after stating the facts). The writ of mandamus is never issued unless to enforce a clear legal right and in furtherance of justice. There is abundant reason why these relators are not entitled to it. If there was any just reason for the filing of said plea (which we do not intimate), it was removed by the acceptance of the resignation and appointment of a new trustee a few days later. Both parties thereafter allowed the cause to rest, and the court might well treat the plea as waived, and strike it from the files upon the showing made. If the new trustee is not already before the court,…
2Cases cited11 opinions
- People ex rel. Ayres v. Board of State AuditorsMichigan Supreme Court · 1880
- Tennant v. CrockerMichigan Supreme Court · 1891
- Board of Supervisors v. Supervisor of MentorMichigan Supreme Court · 1892
- George N. Fletcher & Sons v. Alpena Circuit JudgeMichigan Supreme Court · 1904
- Citizens' Life-Insurance Co. v. Commissioner of InsuranceMichigan Supreme Court · 1901
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3Cited by2 opinions
- Township of Ross v. Michigan United Railways Co.Michigan Supreme Court · 1911
- Radford v. GauklerMichigan Supreme Court · 1917