Mardian v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by Rudolph Mardian to compel Sherman B. Daboll, acting circuit judge of Wayne county, to vacate an order appointing a receiver.
1Opinion of the CourtHooker, J.
This is an application for a mandamus to compel the vacation of an order appointing a receiver. It has been repeatedly held that orders appointing receivers, whereby the possession of property is divested, are appealable. See Barry v. Briggs, 22 Mich. 201; People v. Jones, 33 Mich. 303; Taylor v. Sweet, 40 Mich. 736; Morey v. Grant, 48 Mich. 330; Perrin v. Lepper, 56 Mich. 351.
It is a well-settled rule that mandamus will not lie when there is another adequate remedy. The following Michigan authorities will be found to sustain this rule: People v. Jackson Circuit Judges, 1 Doug. 302; People v.…
2Cases cited19 opinions
- Barry v. BriggsMichigan Supreme Court · 1871
- People ex rel. Port Huron & Gratiot Railway Co. v. JonesMichigan Supreme Court · 1876
- People ex rel. Wiley v. Judge of Allegan CircuitMichigan Supreme Court · 1874
- Taylor v. SweetMichigan Supreme Court · 1879
- Eyke v. LangeMichigan Supreme Court · 1895
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3Cited by10 opinions
- Hartz v. JudgeMichigan Supreme Court · 1910
- City of Flint v. Genesee Circuit JudgeMichigan Supreme Court · 1906
- Reed v. St. Clair Circuit JudgeMichigan Supreme Court · 1899
- Hopper v. Livingston Probate JudgeMichigan Supreme Court · 1904
- Freud v. Saginaw Circuit JudgeMichigan Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.