People ex rel. Port Huron & Gratiot Railway Co. v. Jones
Michigan Supreme Court
Appeal in Chancery from St. Clair Circuit. The respondent was appointed receiver in a cause jading in said circuit court in chancery, wherein one Goulden was complainant and said company and others were defendants. The order appointing him receiver was afterwards held by the supreme court (31 Mich., 456) to be unauthorized and without jurisdiction, and was vacated by mandamus.
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Appeal in Chancery from St. Clair Circuit. The respondent was appointed receiver in a cause jading in said circuit court in chancery, wherein one Goulden was complainant and said company and others were defendants. The order appointing him receiver was afterwards held by the supreme court (31 Mich., 456) to be unauthorized and without jurisdiction, and was vacated by mandamus. Thereupon the circuit judge made an order in the cause that respondent turn over and restore to the company all property, money and effects received by him as such receiver. Respondent, while acting as receiver, had…
1Per curiam
I. The order was appealable. Such an appeal was sustained in People v. Simonson, 10 Mich., 335.
II. The respondent’s appointment as receiver having *305been determined, by this court to be utterly void for want of jurisdiction, it was lawful and proper for tbe court below, Avhich, by making tbe appointment, had deprived the defendants in said cause of the lawful custody of their property, by an order that was unauthorized and void, to order the person into whoso hands it had unlawfully placed it, to restore such property to the parties from whom it had been taken, and to place them as nearly in…
2Cases cited1 opinion
- People ex rel. Messler v. SimonsonMichigan Supreme Court · 1862
3Cited by21 opinions
- Haines v. HainesMichigan Supreme Court · 1876
- Carnahan v. CarnahanMichigan Supreme Court · 1906
- Taylor v. SweetMichigan Supreme Court · 1879
- Ex parte WhitmoreUtah Supreme Court · 1894
- State ex rel. Johnston v. District CourtMontana Supreme Court · 1898
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