Weatherby v. Kent Circuit Judge
Michigan Supreme Court
Mandamus by Nellie Weatherby against Willis B. Perkins, circuit judge of Kent county, to require respondent to vacate an order allowing an intervention in an action under the civil-damage act.
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Mandamus by Nellie Weatherby against Willis B. Perkins, circuit judge of Kent county, to require respondent to vacate an order allowing an intervention in an action under the civil-damage act. The relator commenced her suit by declaration against the Michigan Bonding & Surety Company, alleging that said company was surety on the saloon bond of one Pawloski during the year 1915, and also ■on the saloon bond of one Breuer during the same period; further, that her husband was illegally furnished with liquor in the saloons owned by Pawloski and Breuer from September 15 to December 15, 1915. The…
1Opinion of the CourtKuhn, J.
(after stating the facts). Section 11, chap. 12, of Act No. 314 of the Public Acts of 1915, known as the judicature act (3 Comp. Laws 1915, § 12362), provides as follows:
“In an action either at law, or in equity, any one claiming an interest in the litigation may, at any time, be permitted to assert his right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding.”
Section 13 (■§ 12364) provides:
“No action at law or in equity shall be defeated by the nonjoinder or misjoinder of parties. New parties may be added and…
2Cases cited4 opinions
- Cattermole v. Ionia Circuit JudgeMichigan Supreme Court · 1904
- Tully v. Triangle Film Corp.District Court, S.D. New York · 1916
- Lombard Inv. Co. v. Seaboard Manuf'g Co.U.S. Circuit Court for the District of Alabama · 1896
- Scahill v. Ætna Indemnity Co.Michigan Supreme Court · 1909
3Cited by13 opinions
- Bourne v. Muskegon Circuit JudgeMichigan Supreme Court · 1950
- United States F. G. Co. v. Seed L. Co.Arizona Supreme Court · 1931
- Detroit & Northern Michigan Building & Loan Ass'n v. OramMichigan Supreme Court · 1918
- McMillan v. School District No. 2Michigan Supreme Court · 1918
- Stratford Arms Hotel Co. v. General Casualty & Surety Co.Michigan Supreme Court · 1930
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