Grenell v. Ferry
Michigan Supreme Court
Appeal from Wayne; Peck, J., presiding. Judgment creditor’s bill by Inez B. Grenell .against Dexter M. Ferry and others. From an order overruling demurrers to the original and supplemental bills, defendants appeal.
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Appeal from Wayne; Peck, J., presiding. Judgment creditor’s bill by Inez B. Grenell .against Dexter M. Ferry and others. From an order overruling demurrers to the original and supplemental bills, defendants appeal. The complainant recovered a judgment against the Michigan Gas Company, June 28, 1895, for $2,092.25. On September 11, 1895, she filed this bill against the defendants, in which she alleged that the sale and transfer of the property and franchises of the Michigan Gas Company to the Detroit Gas Company were fraudulent as against the creditors of the former company, and praying that…
1Opinion of the CourtGrant, J.
( after stating the facts). It is the established rule that, before a court of equity can entertain jurisdiction to enforce a judgment at law by a creditor’s bill, an execution must be issued and returned unsatisfied. The legal remedy must first be exhausted. First Nat. Bank v. Dwight, 83 Mich. 189; National Tube-Works Co. v. Ballou, 146 U. S. 517; Hollins v. Iron Co., 150 U. S. 371. The court therefore obtained no jurisdiction by the original bill, if it be held to be a judgment creditor’s bill.
It is, however, insisted that the supplemental bill, setting forth the issue of an alias execution…
2Cases cited15 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Hibernia Ins. v. St. Louis & New Orleans Transp. Co.U.S. Circuit Court for the District of Eastern Missouri · 1882
- National Tube Works Co. v. BallouSupreme Court of the United States · 1892
- National Bank v. Texas Investment Co.Texas Supreme Court · 1889
- Louisville, New Albany & Chicago Railway Co. v. BoneyIndiana Supreme Court · 1889
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3Cited by5 opinions
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- Comstock v. HortonMichigan Supreme Court · 1926
- First Nat. Bank v. ManassaOregon Supreme Court · 1915
- Coffey v. McGaheyMichigan Supreme Court · 1914