Corliss v. Clinton Circuit Judge
Michigan Supreme Court
Mandamus by Leroy Corliss and another to compel Edward J. Moinet, circuit judge of Clinton county, to vacate an order appointing a receiver. In this proceeding plaintiffs seek to compel defendant by mandamus to set aside an order appointing a receiver prior to final judgment.
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Mandamus by Leroy Corliss and another to compel Edward J. Moinet, circuit judge of Clinton county, to vacate an order appointing a receiver. In this proceeding plaintiffs seek to compel defendant by mandamus to set aside an order appointing a receiver prior to final judgment. By bill of complaint and supplemental bill in the original case, it is made to appear that the National Bank of Commerce, plaintiff therein, is the holder of three $10,000 notes, executed by defendant Leroy Corliss, plaintiff herein, to the order of defendant the Ekenberg Company, said notes having been duly indorsed by…
1Opinion of the CourtBrooke, J.
{after stating the facts). The first contention of counsel for plaintiffs is based upon the assertion that the receiver should not be appointed pending a decision upon the demurrer (motion to dismiss), putting in issue the right to file the bill. This point is, we think, without force inasmuch as an order was made denying the motion to dismiss at the time the order for the appointment of the receiver was made.
The principal contention is that the court was without authority to appoint a receiver prior to a full hearing and a final decree. Many authorities are cited in support of this…
2Cases cited7 opinions
- Wagar v. StoneMichigan Supreme Court · 1877
- Union Trust Co. v. Charlotte General Electric Co.Michigan Supreme Court · 1908
- Ralph v. WisnerMichigan Supreme Court · 1894
- Union Street-Railway Co. v. City of SaginawMichigan Supreme Court · 1897
- Sanford v. NewellMichigan Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wayne County Jail Inmates v. Wayne County Chief Executive OfficerMichigan Court of Appeals · 1989
- Petitpren v. Taylor School DistrictMichigan Court of Appeals · 1981
- Grand Rapids Trust Co. v. CarpenterMichigan Supreme Court · 1924
- National Bank of Commerce v. CorlissMichigan Supreme Court · 1922
- Edison v. Fleckenstein Pump Co.Michigan Supreme Court · 1930
1 more not listed; retrieve them via the Exa API.