Von Hoene v. Barber
Michigan Supreme Court
Appeal from Wayne; Wiest (Howard), J., presiding. Bill by Jenny May Von Hoene and another against William R. Barber and another to enforce a vendee’s lien. Edward Griesbach and another were allowed to intervene as subsequent purchasers of the property involved. From a decree transferring the cause to the law side of the court, plaintiffs appeal.
1DissentSharpe, J.
I concur with Mr. Justice Moore in holding that there are no sufficient allegations in the bill of complaint to confer jurisdiction on a court of equity. See Detroit Trust Co. v. National Bank, 155 Mich. 61; Laubengayer v. Rohde, 167 Mich. 605. I do not think, however, that the trial court had any power or authority to make the order transferring the cause to the law side of the court against the objection of the plaintiffs. The statute providing for *543such transfers (3 Comp. Laws 1915, § 12351) reads as follows:
“If at any time it appear that a suit commenced in equity should haye been brought…
2Cases cited10 opinions
- Attorney General v. Detroit United RailwayMichigan Supreme Court · 1920
- Detroit Trust Co. v. Old National BankMichigan Supreme Court · 1908
- Laubengayer v. RohdeMichigan Supreme Court · 1911
- People ex rel. Whipple v. Judge of Saginaw Circuit CourtMichigan Supreme Court · 1873
- Courtney v. YoungsMichigan Supreme Court · 1918
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