Legal Opinion

Mack v. Engel

Michigan Supreme Court

Decided May 8, 1911No. Docket No. 65PublishedCited by 3 opinions

Appeal from Kent; Perkins, J. Bill by Ida Mack and John Mack against George Engel, James W. Latta, Jacob L. Engel, the Doxtator Revolving Cased Shelving Company and Louis C. Parmenter for an injunction, an accounting and other relief. From a decree for defendant, complainant Ida Mack appeals.

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Appeal from Kent; Perkins, J. Bill by Ida Mack and John Mack against George Engel, James W. Latta, Jacob L. Engel, the Doxtator Revolving Cased Shelving Company and Louis C. Parmenter for an injunction, an accounting and other relief. From a decree for defendant, complainant Ida Mack appeals. Complainant John Mack had been engaged in manufacturing carriage bodies, sleighs, and cutters since 1873. In 1892 he erected a building in Grand Rapids and continued in the same line of business until 1902. At that time Mack had a mortgage for $1,900 on his plant besides some other indebtedness. In J une…

1Opinion of the CourtBrooke, J.

(after stating the facts). We will first dispose of the questions raised by the motion. We are of opinion that the statute relied upon by complainant contemplates the payment of but one fee to the register. When this fee is once paid by either party, the opposite party may seasonably claim an appeal, and the costs, including the appeal fee, will be taken care of by the final decree. The other reasons'assigned by complainant for the dismissal of defendant’s appeal have been examined, but we find them to be without merit. The motion to dismiss is therefore denied.

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2Cases cited1 opinion

  1. Bundy v. YoumansMichigan Supreme Court · 1880

3Cited by3 opinions

  1. Munroe, Boyce & Co. v. WardMichigan Supreme Court · 1919
  2. Kraus v. KrausNew York Court of Appeals · 1928
  3. Wernik v. Wayne Circuit JudgeMichigan Supreme Court · 1926

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