Legal Opinion

Riverside Iron Works v. Hosmer

Michigan Supreme Court

Decided April 17, 1894PublishedCited by 1 opinion

Mandamus. Argued January 30, 1894. Granted April 17, 1894. Relator applied for mandamus to compel respondent to vacate an order allowing the Rundle-Spence Manufacturing Company and other creditors of the Detroit Plumbers’ Supply Company to intervene, and answer and file a cross-bill resisting the petition of the relator, filed under How.

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Mandamus. Argued January 30, 1894. Granted April 17, 1894. Relator applied for mandamus to compel respondent to vacate an order allowing the Rundle-Spence Manufacturing Company and other creditors of the Detroit Plumbers’ Supply Company to intervene, and answer and file a cross-bill resisting the petition of the relator, filed under How. Stat. § 8153, upon the return of execution unsatisfied, for the sequestration of the stock and property of the corporation, and the appointment of a receiver of the same. The additional facts are stated in the opinion.

1Opinion of the CourtMcGrath, C. J.

Section 8153 of the statutes gives to *125a creditor having a judgment, execution upon which has been returned unsatisfied, the right to have a sequestration of the effects of the corporation. It does not even give his judgment precedence. The court, upon sequestration, appoints a receiver, who distributes the avails between the creditors. IJnder the federal bankruptcy law, other creditors had a right to intervene, not' for the purpose of resisting the prayer of the original petitioning creditor, but to prevent a collusive adjustment between the petitioning creditor and the alleged bankrupt, and…

2Cases cited1 opinion

  1. Judson v. Rossie Galena Co.New York Court of Chancery · 1842

3Cited by1 opinion

  1. Smith v. George T. Smith Manufacturing Co.Michigan Supreme Court · 1898

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