Legal Opinion

Merchants' & Manufacturers' National Bank v. Kent Circuit Judge

Michigan Supreme Court

Decided April 14, 1880PublishedCited by 26 opinions

Mandamus. An order enjoining the execution of a writ of replevin and authorizing a receiver to dispose of the property described in the writ, is appeal-able, Arnold v. Bright 41 Mich. 207; McCombs v. Merry-hew. 40 Mich. 721; Taylor v. Sweet 40 Mich. 736; Port Huron v. Jones 33 Mich. 303; Pori Huron v. St. Clair Circuit Judge 31 Mich. 456; People v. Simonson 10 Mich. 335; Michigan Ins. Co. v. Whittemore 12 Mich. 312.

1Opinion of the CourtCooley, J.

The application for a mandamus in this' case brings under review questions of the validity and-propriety of the order appointing a receiver.

The bill was filed to foreclose a chattel mortgage. The mortgage was by Hibbard & Graff, merchant millers of Grand Rapids, to Philip M. Graff, and bore date March 17, 1880. The purpose was to secure the mortgagee for having become accommodation endorser for the mortgagors on a large amount of commercial paper. The mortgage covered “ all the flour, wheat,. corn, oats, bran and feed owned by the parties of the first part, and situated in the city of Grand…

2Cases cited7 opinions

  1. Barry v. BriggsMichigan Supreme Court · 1871
  2. Adams v. WoodsCalifornia Supreme Court · 1857
  3. Lewis v. CampauMichigan Supreme Court · 1866
  4. Ryckman v. ParkinsNew York Court of Chancery · 1836
  5. Caswell v. ComstockMichigan Supreme Court · 1859

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3Cited by26 opinions

  1. Farwell v. Great Western Telegraph Co.Illinois Supreme Court · 1896
  2. Vila v. Grand Island Electric Light, Ice & Cold Storage Co.Nebraska Supreme Court · 1903
  3. Gillen v. Wakefield State BankMichigan Supreme Court · 1929
  4. Pressley v. HarrisonIndiana Supreme Court · 1885
  5. Webb v. AllenCourt of Appeals of Texas · 1897

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