Goodenough v. Burton
Michigan Supreme Court
Appeal from Barry; Smith, J. Bill by Triphena Goodenough" against Edward A. Burton, administrator of the estate of Charles S. Burton, deceased, and others, for an accounting. From a decree dismissing the bill on failure to give security for costs, complainant appeals.
1Opinion of the CourtHooker, J.
In this cause the defendant moved for, and was granted, an order for security for costs, upon a showing that an execution could not be collected from the complainant’s property. The motion was made 20 days after the answer was filed, presumably as soon as a session of court would permit of its being heard. The complainant opposed it on three grounds:
1. That'the statute does not permit such an order in a chancery case.
2. That it is inequitable under the showing made, complainant admitting her poverty and filing an affidavit of merits.
3. That the motion was unduly delayed.
1. If the statute…
2Cases cited2 opinions
- People v. MarshMichigan Supreme Court · 1900
- Skinner v. LucasMichigan Supreme Court · 1888
3Cited by12 opinions
- McCreery v. RoffMichigan Supreme Court · 1915
- Gaffier v. St. Johns HospitalMichigan Court of Appeals · 1976
- Hall v. Harmony Hills Recreation, IncMichigan Court of Appeals · 1990
- In Re Ford's EstateMichigan Supreme Court · 1954
- Balahoski v. Kent Circuit JudgeMichigan Supreme Court · 1928
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