State Road Bridge Co. v. Saginaw Circuit Judge
Michigan Supreme Court
Mandamus by the State Road Bridge Company to compel William G. Gage, circuit judge of Saginaw county, to vacate an order granting a temporary injunction, and denying a motion for a change of venue.
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Mandamus by the State Road Bridge Company to compel William G. Gage, circuit judge of Saginaw county, to vacate an order granting a temporary injunction, and denying a motion for a change of venue. December 26,1905, the prosecuting attorney of Saginaw county filed a complaint in the circuit court in chancery, in the nature of an information in quo warranto, to test the right of the State Road Bridge Company to maintain its franchise and privilege of collecting tolls over its bridge across the Tittabawassee river, and for an injunction to restrain it from collecting tolls until the further…
1Opinion of the CourtGrant, J.
{after stating the facts). The usual office of an injunction is to preserve the status quo of property until the final hearing upon the merits. The result of the restraining order in this case is to deprive the parties of the possession of their property, of the right and control over it, the use of, and the income from it. The effect of this restraining order is the same as was that in Hall v. Wayne Circuit Judge, 111 Mich. 395, in which we said:
“This order attempts to divest possession of property on a preliminary inquiry, and, if not an absolute nullity, was improvidently made.”
The order…
2Cases cited1 opinion
- Hall v. Wayne Circuit JudgeMichigan Supreme Court · 1897
3Cited by4 opinions
- Blinn v. Hutterische Society of Wolf CreekMontana Supreme Court · 1920
- Iowa Lillooet Gold Mining Co. v. United States Fidelity & Guaranty Co.U.S. Circuit Court for the District of Northern Iowa · 1906
- Michigan United Railways Co. v. Kalamazoo Circuit JudgeMichigan Supreme Court · 1909
- State Road Bridge Co. v. Saginaw Circuit JudgeMichigan Supreme Court · 1907