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Thomas v. Gartner

John H. Thomas and Charles Cameron v. George Gartner and George S. Hosmer, Circuit Judges of Wayne County

Thomas v. Gartner, 57 N.W. 188 (Mich. 1893)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 18, 1893
Citations
57 N.W. 18897 Mich. 608
Headnotes
Creditor's bill — Appointment of receiver — Mandamus. 1. Mandamus is not the proper remedy by which to review an appealable order in a chancery suit. 2. Irregularity in the appointment of a receiver under a judgment creditor’s bill is no ground for defendant’s objecting to an examination concerning his property and effects; citing Howard v. Palmer, Walk. Ch. 391.
Summary
Mandamus. Relators, the defendants in a judgment creditor’s bill, applied for mandamus to'compel the respondents to vacate orders appointing a receiver, and requiring them to appear before a circuit court commissioner for examination. For a full statement .of facts, see Dutton v. Thomas, 97 Mich. 93.

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Opinion of the Court

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Per Curiam.

An order to show cause is denied. Mandamus is not a proper remedy to review an appealable order in a chancery case; nor is their regularity of the appointment of a receiver under a judgment creditor’s bill any *609 reason for the defendants objecting to an examination concerning their property and effects. Howard v. Palmer, Walk. Ch. 391.

How later courts describe this case

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

1898: 11906: 11924: 118982026peak 1898 · 1

Relies on it most ⓘ

  1. Mardian v. Wayne Circuit Judge76 N.W. 497 (Mich. 1898)
  2. Michigan Public Utilities Commission v. Michigan State Telephone Co.200 N.W. 749 (Mich. 1924) · Dissent
  3. Nichol v. Murphy108 N.W. 704 (Mich. 1906)

Most recent

  1. Michigan Public Utilities Commission v. Michigan State Telephone Co.200 N.W. 749 (Mich. 1924) · Dissent
  2. Nichol v. Murphy108 N.W. 704 (Mich. 1906)
  3. Mardian v. Wayne Circuit Judge76 N.W. 497 (Mich. 1898)

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