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Brown v. Vandermeulen

John T. R. Brown v. Peter Vandermeulen

Brown v. Vandermeulen, 49 N.W. 920 (Mich. 1879)
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Court
Michigan Supreme Court · State Highest Courts
Decided
October 7, 1879
Citations
49 N.W. 92041 Mich. 418
Headnotes
Receiver — Interlocutory order. An order appointing a receiver to take possession of securities claimed by a trustee, but the right to which is disputed, is interlocutory and not appealable. Insolvency of a trustee or receiver may be sufficient reason for •superseding him.
Summary
Motion to dismiss appeal from an order appointing a- receiver.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

The order falls within the ordinary powers of a court to take possession of a fund in controversy, especially where it is claimed by a trustee who has no personal interest. Complainant could not be injured by the appointment of a receiver; it is the purpose of his bill to reach the securities. Bobert Brown is only interested in his claim for money due for services, and this would not suffer from putting the property into the court’s hands. By the order obtained by complainant and himself, which authorized him to continue his possession in an early stage of the cause, he was practically acting as receiver himself, and the appointment of another is not much more than a change of receiver. His alleged insolvency, on which the court below had a right to act, would of itself be a sufficient reason for taking the trust out of his hands, if the fact was established. The order being interlocutory and discretionary, is not appealable.

Appeal dismissed with costs of the motion.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1885–1886: 11893–1894: 11909–1910: 118852026peak 1885 · 1

Relies on it most ⓘ

  1. Whitley v. Bradley110 P. 596 (Cal. Ct. App. 1910)
  2. Board of Supervisors of Presque Isle County v. Thompson61 F. 914 (6th Cir. 1894)
  3. Perrin v. Lepper23 N.W. 39 (Mich. 1885)

Most recent

  1. Whitley v. Bradley110 P. 596 (Cal. Ct. App. 1910)
  2. Board of Supervisors of Presque Isle County v. Thompson61 F. 914 (6th Cir. 1894)
  3. Perrin v. Lepper23 N.W. 39 (Mich. 1885)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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