Preston v. Wilcox
Michigan Supreme Court
Appeal from Wayne. Bill for discovery and accounting; for the appointment of a receiver to supersede trustees, and the execution of the trust by the court. Complainants appeal.
1Opinion of the CourtGraves, J.
This bill was dismissed on general demurrer and complainants appealed.
The bill is certainly anomalous. It partakes of forms adapted to several distinct heads of equity, and the chief question is whether it contains sufficient to import a ease under any one, aside from any objection founded on incompatibility of complaints. In some of its aspects it resembles a judgment creditor’s bill, but it is plain the premises are wanting for intervention under that head.
' It states the recovery of judgment in January, 1877, by complainants in the circuit court for Lenawee county against those of the…
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