Legal Opinion

School District No. 1 v. Weston

Michigan Supreme Court

Decided January 12, 1875PublishedCited by 18 opinions

Appeal-in Chancery from Ottawa Circuit. * The bill in this case was in the nature of a bill of interpleader. It was demurred to by part of the defendants in the court below (the circuit court for the county of Ottawa in chancery), on the ground that “ complainant, in said bill of interpleader, has not shown any claim or right, title, or interest whatever in these defendants or any of them, to the money mentioned in said bill, and has not made and stated such a case as doth…

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Appeal-in Chancery from Ottawa Circuit. * The bill in this case was in the nature of a bill of interpleader. It was demurred to by part of the defendants in the court below (the circuit court for the county of Ottawa in chancery), on the ground that “ complainant, in said bill of interpleader, has not shown any claim or right, title, or interest whatever in these defendants or any of them, to the money mentioned in said bill, and has not made and stated such a case as doth or ought to entitle said complainant to the relief prayed for.” The demurrer, upon the hearing and argument, was…

1Opinion of the CourtChristiancy, J.

From the facts set forth in the bill, and which the demurrer admits to be true, the complainant (the school-district), without any fault of its own, by the failure and insolvency of Potter, and by acting only with the laudable design of. securing to those who had furnished him labor and material for the building of the school-house, — the ultimate purpose for which the building fund was raised and to be raised, and upon the application of which to this purpose the laborers and material-men may properly have relied in' giving credit to Potter, — appears to have been placed in *92a very…

2Cases cited2 opinions

  1. Seth Spring & Sons v. South Carolina InsuranceSupreme Court of the United States · 1823
  2. President, Directors & Co. of the City Bank v. BangsNew York Court of Chancery · 1831

3Cited by18 opinions

  1. People v. EllisMichigan Supreme Court · 1918
  2. Awbrey v. EstesSupreme Court of Alabama · 1927
  3. Phillips v. TaylorCourt of Appeals of Maryland · 1925
  4. Mahaffey v. Territory of OklahomaSupreme Court of Oklahoma · 1901
  5. Marsh v. Mutual Life Ins. Co.Supreme Court of Alabama · 1917

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