Legal Opinion

Lewis v. Campau

Michigan Supreme Court

Decided July 11, 1866PublishedCited by 30 opinions

Appeal from Wayne Circuit, in Chancery. The complainant filed his bill in the Court bélow, praying for the appointment of a Receiver, and for other substantial relief. After answer, and before the cause was at issue by replication, a motion was made by the complainant for the appointment of a Receiver, according to the prayer of the bill; and the Court made an order accordingly. From this order an appeal was taken to this Court.

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Appeal from Wayne Circuit, in Chancery. The complainant filed his bill in the Court bélow, praying for the appointment of a Receiver, and for other substantial relief. After answer, and before the cause was at issue by replication, a motion was made by the complainant for the appointment of a Receiver, according to the prayer of the bill; and the Court made an order accordingly. From this order an appeal was taken to this Court. The particular character of the bill, and other facts pertinent to a full understanding of the questions involved, are stated in the opinion of the Court.

1Opinion of the Court

Campbell J.

This is a motion to dismiss an appeal, on the ground that the order appealed from is neither a “ decree” nor a “final order” within the statute regulating Chancery appeals.

The bill was filed by Lewis, setting forth that he had applied for the removal of such of the defendants as are administrators of the estate of Joseph Campau, deceased, and that from the decree of the Probate Court, refusing such removal, he had appealed to the Wayne Circuit Court, where this bill was presented. He avers also the alleged facts of misconduct in the management of the estate, and improper charges in…

2Cited by30 opinions

  1. Wells v. ShriverSupreme Court of Oklahoma · 1921
  2. Ellis v. Penn Beef Co.Court of Chancery of Delaware · 1911
  3. Merchants' & Manufacturers' National Bank v. Kent Circuit JudgeMichigan Supreme Court · 1880
  4. Ritzer v. RitzerMichigan Supreme Court · 1928
  5. Robrecht v. RobrechtWest Virginia Supreme Court · 1899

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