Boinay v. Coats
Michigan Supreme Court
Appeal in Chancery from Wayne Circuit. The bill in this cause was filed to enjoin defendant from disturbing complainant’s possession of certain premises by virtue of certain proceedings at law which defendant had instituted. An ex parte injunction was granted by a Circuit Court Commissioner on the affidavit of complainant. The defendant entered a motion in the Circuit Court to dissolve the same.
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Appeal in Chancery from Wayne Circuit. The bill in this cause was filed to enjoin defendant from disturbing complainant’s possession of certain premises by virtue of certain proceedings at law which defendant had instituted. An ex parte injunction was granted by a Circuit Court Commissioner on the affidavit of complainant. The defendant entered a motion in the Circuit Court to dissolve the same. The complainant also notified the defendant that, at the hearing of the same, he would ask the court that an injunction be granted by the court upon the bill, and that certain proceedings at law in…
1Opinion of the Court
Campbell J.
Complainant filed a bill stating in substance that one William Coats, a former tenant, having been turned out of possession under a writ of restitution, complainant was put in upon a year’s lease by the landlords, or one of them, on the same day, and has since remained in possession, and raised crops still growing. That he had no knowledge of the rights of Coats, who subsequently got the proceedings reversed and obtained an order of restitution, which this bill is filed to enjoin.
There is no pretence set up in the bill that Coats is not legally entitled to the possession, and the…
2Cited by4 opinions
- Merchants' & Manufacturers' National Bank v. Kent Circuit JudgeMichigan Supreme Court · 1880
- Hinkle v. BaldwinMichigan Supreme Court · 1892
- Simmons v. Board of SupervisorsMichigan Supreme Court · 1906
- Wayne Colorplate Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1931