Sharon v. Fee
Michigan Supreme Court
Appeal from Wayne; Sharpe, J., presiding. Bill by Thomas Sharon and another against Ray M. Fee, Louis H. Spicer and Edwin C. Spicer, copartners as David Spicer’s Sons, and others, to enforce a mechanic’s lien. From a decree for plaintiffs against defendants Spicer, they appeal.
1Opinion of the CourtOstrander, C. J.
It was determined by the decree, .and could not have been otherwise determined, that the theory of the bill is not sustained by facts. Instead of dismissing the bill as to all defendants, it is dismissed as to some, including the owner of the building, and a decree — a judgment — is entered for plaintiffs against some of the defendants, upon a theory wholly different from and opposed to the theory of the bill. It is sought to sustain this personal judgment by an application of the rule that, having jurisdiction of subject-matter and parties for one purpose, a court of equity may retain…
2Cases cited3 opinions
- C. H. Little Co. v. L. P. Hazen Co.Michigan Supreme Court · 1915
- Koch v. SumnerMichigan Supreme Court · 1906
- Scott v. KeethMichigan Supreme Court · 1908
3Cited by10 opinions
- Long v. EarleMichigan Supreme Court · 1936
- Koontz v. Bay Circuit JudgeMichigan Supreme Court · 1923
- Bartos v. CzerwinskiMichigan Supreme Court · 1948
- Dutka v. Sinai HospitalMichigan Court of Appeals · 1985
- Flanagan v. HarderMichigan Supreme Court · 1935
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