McCombs v. Merryhew
Michigan Supreme Court
Appeal from Kent. Motion to dismiss appeal. Mary McCombs, the complainant, moved to dismiss the appeal of the two defendants, Merryhew and Sally Chilson, on the ground that the order appealed from was interlocutory, inasmuch as it was merely for the appointment of a receiver.
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Appeal from Kent. Motion to dismiss appeal. Mary McCombs, the complainant, moved to dismiss the appeal of the two defendants, Merryhew and Sally Chilson, on the ground that the order appealed from was interlocutory, inasmuch as it was merely for the appointment of a receiver. This motion was resisted on the ground that in fact the appointment of a receiver was a divestment of important possessory rights, which could not lawfully be disturbed before a hearing on the merits, and that the case came within th¿' principle of Barry v. Briggs, 22 Mich., 201; and Port Huron and Gratiot R. W. Go. v.…
1Per curiam
So far as Mrs. Chilson is concerned, there is some difficulty in ascertaining from these affi*722davits whether she has or has not understanding^ authorized any of the proceedings. There is as much difficulty in finding authority for this motion as for the appeal. We do not see very clearly how she is affected by the order, but it will be easy to save her rights by future action, and we do not discover any ground for supposing her interests require a dismissal if an appeal lies at all.
Burlingame & Rogers for complainant. Taggart é Wolcott for defendants.
Upon the motion to dismiss for want of-…
2Cases cited3 opinions
- People ex rel. Port Huron & Gratiot Railway Co. v. Judge of St. Clair CircuitMichigan Supreme Court · 1875
- People ex rel. Port Huron & Gratiot Railway Co. v. JonesMichigan Supreme Court · 1876
- Salling v. JohnsonMichigan Supreme Court · 1872
3Cited by11 opinions
- Tawas & Bay County Railroad v. Circuit JudgeMichigan Supreme Court · 1880
- Steggles v. National Discount Corp.Michigan Supreme Court · 1949
- Smith v. WalkerMichigan Supreme Court · 1885
- Sanford v. NewellMichigan Supreme Court · 1918
- Woodmansee v. Ann Arbor Brick Co.Michigan Supreme Court · 1911
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