Brand v. Connery
Michigan Supreme Court
Appeal from Saginaw; Beach, J. Creditor’s bill and bill in aid of execution by John F. Brand and Clarence H. Brand, executors of the last will and testament of Daniel Hardin, deceased, against James A. Connery and Christiana Connery. From a decree dismissing the bill, complainants appeal. In the fall of 1896 defendant James A. Connery made a contract with Boergert & Son to furnish the materials and do the carpenter work on a brick building he was erecting in East Saginaw.
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Appeal from Saginaw; Beach, J. Creditor’s bill and bill in aid of execution by John F. Brand and Clarence H. Brand, executors of the last will and testament of Daniel Hardin, deceased, against James A. Connery and Christiana Connery. From a decree dismissing the bill, complainants appeal. In the fall of 1896 defendant James A. Connery made a contract with Boergert & Son to furnish the materials and do the carpenter work on a brick building he was erecting in East Saginaw. Boergert & Son made a contract with D. Hardin & Co. to furnish the door and window frames and cornice for the outside of…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. We are of the opinion that the decree in the other suit, entered by stipulation, is no bar to the present one. The sole purpose of that suit was to enforce the lien provided by the statute. The solicitors agreed that such lien could not be enforced against Mrs. Connery, and therefore consented to a decree dismissing the bill as to her and to a personal decree against Mr. Connery. There was nothing in the plead*91ings in that suit or in the decree touching the rights of creditors of Mr. Connery to proceed by a bill in aid of execution or by. judgment creditor’s bill.
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2Cases cited6 opinions
- Rose & Co. v. BrownWest Virginia Supreme Court · 1877
- Burt v. TimmonsWest Virginia Supreme Court · 1887
- Kirby v. BrunsSupreme Court of Missouri · 1870
- New South Building & Loan Ass'n v. ReedSupreme Court of Virginia · 1898
- Cole v. BrownMichigan Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schram v. BurtCourt of Appeals for the Sixth Circuit · 1940