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Barker v. Wayne Circuit Judge

Barker v. Judge, 75 N.W. 886 (Mich. 1898)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 14, 1898
Citations
75 N.W. 886117 Mich. 325117 Mich. 326
Headnotes
1. Receivers — Adverse Interest — Removal. A corporation, will not be removed as receiver of an insolvent corporation because one of the creditors of the insolvent is a stockholder, director, and president of the receiver. 2. Same — Ancillary Proceeding — Hearing—Discretion oe Court. The fixing of the time when the petition in a matter ancillary to receivership proceedings shall be brought on for hearing is entirely within the discretion of the court.
Summary
Mandamus by Jennett M. Barker to compel Willard M. Lillibridge, circuit judge of Wayne county, to remove the Union Trust Company from the position of receiver of the American Eagle Tobacco Company, and to vacate an order fixing the time of hearing upon relator’s intervening petition.

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

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The purpose of this petition is to compel *326 the respondent to remove the receiver, and to vacate an order made May 14th, setting the case for hearing June 20th.

The removal of the receiver was asked because one of the creditors of the American Eagle Tobacco Company is a stockholder, director, and president of the receiver, the Union Trust Company. This is not sufficient cause for removal.

It was within the discretion of the circuit judge to fix the time for hearing. The proceeding of Mrs. Barker is ancillary to the main case, and it is within the discretion of the court to determine when such proceedings shall be heard.

The order to show cause is denied.

How later courts describe this case

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

1921: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Zeilman v. Fry182 N.W. 41 (Mich. 1921)

Most recent

  1. Zeilman v. Fry182 N.W. 41 (Mich. 1921)

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