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1 Walk. Ch. 356

Seymour v. Jerome

Michigan Court of Chancery

Decided February 15, 1844

Michigan Court of Chancery · decided 1844-02-15

This was a bill for a settlement of partnership accounts between the complainant and defendant Horace R. Jerome. Edwin Jerome was made a party by reason of his claiming to be the owner of a bond and mortgage, executed by one Shepherd to Horace R. Jerome, which complainant was to pay, and which he alleged he had paid to H. R. Jerome, in their partnership dealings.

Decided 1844-02-15

The Chancellor.

¶1The interlocutory decree, or order, was entered by consent of parties. It admits the partnership, and the right of complainant to an account of the partnership dealings. To that extent it is an adjudication on the rights of the parties. A complainant may, at any time before there has been an interlocutory or final decree in a cause, dismiss his bill of course, on the payment of costs. This is the general rule, but the present application does not come within it.

¶2Motion denied.

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