Legal Opinion

Freeman v. Mitchell

Michigan Supreme Court

Decided September 27, 1917No. Docket No. 67PublishedCited by 13 opinions

Cross-appeals from Hillsdale; Collingwood, J., presiding. Bill by Amariah F. Freeman against C. T. Mitchell and others, executors of the estate of William W. Mitchell, deceased, the Alamo Manufacturing Company and others to enjoin the foreclosure of a mortgage against defendant corporation. From an order dissolving a temporary injunction and denying a motion to dismiss, both parties appeal.

1Opinion of the CourtSteere, J.

This proceeding presents for review an order of the circuit court of Hillsdale county in chancery disposing of a motion by defendants asking dismissal of a bill of complaint filed against them by plaintiff, and for dissolution of a preliminary injunction granted when plaintiff filed his bill.

Aside from the request for dissolution of the injunction, the motion is in effect a demurrer to plaintiff’s bill under former practice; motions to dismiss being now substituted for demurrers under section 4, chap. 14, of the judicature act (Act No. 314, Pub. Acts 1915 [3 Comp. Laws 1915, § 12456]). With…

2Cases cited6 opinions

  1. Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
  2. Edwards v. Michigan Tontine Investment Co.Michigan Supreme Court · 1902
  3. Torrey v. Toledo Portland Cement Co.Michigan Supreme Court · 1907
  4. Wing v. WarnerMichigan Supreme Court · 1846
  5. Spencer v. StearnsMichigan Supreme Court · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Furniture Manufacturers Ass'n of Grand Rapids v. Grand Rapids Guild of ExhibitorsMichigan Supreme Court · 1934
  2. Flemming v. Heffner & FlemmingMichigan Supreme Court · 1933
  3. Lewis J. Selznick Enterprises v. Harry I. Garson ProductionsMichigan Supreme Court · 1918
  4. Gregor v. OldeMichigan Supreme Court · 1920
  5. Eston v. Argus, Inc.Michigan Supreme Court · 1950

8 more not listed; retrieve them via the Exa API.

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