Barry v. Briggs
Michigan Supreme Court
Motion to dismiss an appeal. A bill was filed in tbe Circuit Court for the County of St. Joseph in Chancery, by Charles H. Barry, executor of John-, S. Bari’y, against John K. Briggs, setting forth the existence for many years of a partnership between John S. Barry and the defendant, which had been dissolved by the death of Barry, and praying for an account of all partnership dealings and transactions; that the defendant might be enjoined from collecting any debts or money,…
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Motion to dismiss an appeal. A bill was filed in tbe Circuit Court for the County of St. Joseph in Chancery, by Charles H. Barry, executor of John-, S. Bari’y, against John K. Briggs, setting forth the existence for many years of a partnership between John S. Barry and the defendant, which had been dissolved by the death of Barry, and praying for an account of all partnership dealings and transactions; that the defendant might be enjoined from collecting any debts or money, and from disposing of any part of them; and for the appointment of a receiver. On filing the bill, notice was given of a…
1Opinion of the Court
Campbell, Ch. J.
An appeal was taken in this case from an order óf the Circuit Court for St. Joseph county, directing the appointment of a receiver to take charge and dispose of all the property held by defendant as surviving partner of a firm in which John S. Barry was interested during his life. The bill was filed by Barry’s executor.
A motion is now made to dismiss this appeal, on the ground that the order appealed from is neither a decree nor a final order.
The decision recently made in Kingsbury v. Kingsbury, in which the various kinds of orders and decrees which have been passed upon by…
2Cases cited1 opinion
- Kirby v. IngersollMichigan Supreme Court · 1844
3Cited by52 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Cary v. RichardsonSupreme Court of Louisiana · 1883
- Tawas & Bay County Railroad v. Circuit JudgeMichigan Supreme Court · 1880
- Perrin v. LepperMichigan Supreme Court · 1888
- Barthrop v. Kona Coffee Co.Hawaii Supreme Court · 1896
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