Austin v. Hayden
Michigan Supreme Court
Appeal from Wayne; Mandell, J. Bill by Fred G. Austin, as receiver of Cameron Currie & Company, against Charles Hayden and others, copartners as Hayden, Stone & Company, for an accounting and other relief. Complainant was later selected trustee in bankruptcy of said firm and given permission to prosecute this suit as such trustee. From an order denying complainant’s petition to file a supplemental bill, complainant appeals.
1Opinion of the CourtSteere, J.
This is an appeal from an order overruling an application for leave to file a supplemental bill. The supplemental bill itself, duly verified, was filed with the petition for leave to file. The defendants appeared specially by counsel for the purpose of opposing the granting of the petition. After an argument the learned circuit judge denied the petition upon the following grounds:
“First. The parties having fully litigated the matters within the scope of the original bill, and the defendants having satisfied the final decree rendered thereon, the court lacks jurisdiction to grant the leave…
2Cases cited4 opinions
- Root v. WoolworthSupreme Court of the United States · 1893
- Austin v. HaydenMichigan Supreme Court · 1912
- O'Hara v. ShepherdHigh Court of Chancery of Maryland · 1851
- Austin v. New York Stock ExchangeSupreme Court of the United States · 1911
3Cited by2 opinions
- Rudiger v. . ColemanNew York Court of Appeals · 1920
- Archer v. City of Grand RapidsMichigan Supreme Court · 1931