Legal Opinion
Lake Superior Brass Foundry Co. v. Houghton Circuit Judge
Michigan Supreme Court
Decided February 27, 1920No. Calendar No. 28,637PublishedCited by 13 opinions
Mandamus by the Lake Superior Brass Foundry Company to compel Patrick H. O’Brien, circuit judge of Houghton county, to vacate an order transferring an action at law to the equity side of the court.
1Opinion of the CourtSharpe, J.
In 1917, the plaintiff commenced a suit against Richard E. Daniell, defendant, upon a promissory note. Personal service was had. Under the plea of the general issue a notice was given, stating that the issues involved could only be determined upon an accounting betweén the parties in equity for the reason that the note was given—
“as the result of a supposed partnership accounting between the said defendant and the said John A. Macauley and in supposed settlement of the accounts between them as copartners under the firm name and style of the Superior Motor Company.”
In reply to which special…
2Cases cited4 opinions
- Fay v. HillCourt of Appeals for the Eighth Circuit · 1918
- Toles v. Duplex Power Car Co.Michigan Supreme Court · 1918
- American Falls Milling Co. v. Standard Brokerage & Distributing Co.Court of Appeals for the Eighth Circuit · 1918
- Louisiana Agricultural Corp. v. Pelican Oil Refining Co.Court of Appeals for the Fifth Circuit · 1919
3Cited by13 opinions
- Commissioner of Insurance v. Lapeer Circuit JudgeMichigan Supreme Court · 1942
- Von Hoene v. BarberMichigan Supreme Court · 1921
- Ex Parte McFrySupreme Court of Alabama · 1928
- Stratford Arms Hotel Co. v. General Casualty & Surety Co.Michigan Supreme Court · 1930
- Christian v. PorterMichigan Supreme Court · 1954
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