People ex rel. Attorney General v. Michigan Central Railroad
Michigan Supreme Court
Appeal from Ingham; Wiest, J. Information by the people of the State of Michigan, on the relation of Charles A. Blair, attorney general, against the Michigan Central Railroad Company for an accounting. From an order overruling a demurrer to the information, defendant appeals.
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Appeal from Ingham; Wiest, J. Information by the people of the State of Michigan, on the relation of Charles A. Blair, attorney general, against the Michigan Central Railroad Company for an accounting. From an order overruling a demurrer to the information, defendant appeals. The Michigan Central Railroad was incorporated by Act No. 42 of the Laws of 1846, entitled: ‘ ‘ An act to authorize the sale of the Central Railroad, and to incorporate the Michigan Central Railroad Company.” This act, with the amendments hereinafter noted, continued .to constitute the charter of the company until in…
1Opinion of the CourtMontgomery, J.
(after stating the facts). While courts of equity are not within the words of the statute of limitations, it is generally held that they should by analogy apply the statute in any case where the remedy in equity is concurrent only or a substitute for an action at law. 1 Story on Equity Jurisprudence, § 529; Jenny v. Perkins, 17 Mich. 28; Smith v. Blindbury, 66 Mich. 325; Allen v. Conklin, 112 Mich. 74.
It is the contention of the defendant in this case that the present proceeding is a remedy concurrent with an action of assumpsit on the law side of the court, and that *146as the last item involved…
2Cases cited45 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Jones v. United StatesSupreme Court of the United States · 1890
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Topliff v. TopliffSupreme Court of the United States · 1887
- Delaware, Lackawanna & Western Railroad v. PennsylvaniaSupreme Court of the United States · 1905
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3Cited by34 opinions
- Klapp v. United Insurance Group Agency, IncMichigan Supreme Court · 2003
- Lothian v. City of DetroitMichigan Supreme Court · 1982
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Bruun v. CookMichigan Supreme Court · 1937
- Commerce-Guardian Trust & Savings Bank v. StateMichigan Supreme Court · 1924
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