Legal Opinion

Standart Bros. v. Ingham Circuit Judge

Michigan Supreme Court

Decided October 5, 1910No. Calendar No. 24,266PublishedCited by 2 opinions

Mandamus by Standart Brothers, Limited, to compel Howard Wiest, circuit judge of Ingham coifnty, to grant an order allowing relator to bring an action at law in the name of the receiver of an insolvent corporation.

1Per curiam

The circuit court, in chancery, having control of the receiver of a corporation and of the fund in his hands, may exercise discretion in permitting, or in refusing to permit, the receiver to employ the fund in litiga*107tion desired by some of tbe creditors of the corporation and not desired by others. The exercise, of this discretion will be influenced by the apparent hazard of the litigation proposed to be carried on. We see no reason for saying that discretion was not properly exercised by the court below, in view of all the circumstances disclosed, in refusing the receiver permission to…

2Cited by2 opinions

  1. Pettinger v. Montmorency Circuit JudgeMichigan Supreme Court · 1911
  2. Kaiser v. Detroit United RailwayMichigan Supreme Court · 1910

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