Carpenter v. St. Clair Circuit Judge
Michigan Supreme Court
Mandamus by Angus M. Carpenter to compel Samuel W. Vance, circuit judge of St. Clair county, to vacate an order overruling a plea in abatement.
1Opinion of the CourtMontgomery, J.
One Otis Joslyn filed a bill for an accounting in the St. Clair circuit court, in chancery. The bill alleged that a copartnership existed, consisting of Angus M. Carpenter and Brooks, Joslyn & Co.; that the firm of Brooks, Joslyn & Co. was composed of Otis Joslyn and George Brooks, deceased. The defendant filed a plea setting up that one John Jenkinson had been duly appointed administrator of the estate of George Brooks. This plea came on to be heard, and was overruled. The question presented is whether the administrator is a necessary party. The rule is stated to be that the administrator of…
2Cases cited3 opinions
- Chapin v. DoddsMichigan Supreme Court · 1895
- Jenness v. SmithMichigan Supreme Court · 1885
- O'Brien v. Alpena Circuit JudgeMichigan Supreme Court · 1895
3Cited by2 opinions
- Attorney General ex rel. Hudson v. Common CouncilMichigan Supreme Court · 1911
- Grand Rapids & Indiana Railway Co. v. Charlevoix Circuit JudgeMichigan Supreme Court · 1903