Cartwright v. Johnston

Decided July 21, 1896

Michigan Supreme Court · decided 1896-07-21

Bill by William W. Cartwright and another against Cyrus Johnston and the Farmers’ Fire Insurance Company of York, Pa., for an accounting and an injunction. The defendant company filed a cross-bill, which was dismissed on demurrers interposed by the complainants and by defendant Johnston, and the company appeals. After the affirmance of Johnston v. Farmers' Fire Ins. Co., 106 Mich. 96, there was a delay in collecting the judgment.

Cited by 1 later decisions — most recently June 1897

1 state decisions

Relies on Widner v. Olmstead · Comstock v. Comstock

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1896-07-21

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Grant, J.

¶1{after .stating the facts). It is -unnecessary to state the grounds upon which the defendant company asks relief. It was a nominal party, made necessary only to secure to the complainants the money due them on the judgment. The decree settled the entire controversy between complainants and Johnston. At that time the defendant company had not appeared in the suit. The decree operated as a discontinuance of the chancery suit so far as it concerned the insurance company. The injunction was dissolved, and the company was left to pursue such further remedy as it deemed advisable by independent suit. Widner v. Lane, 14 Mich. 124; Comstock v. Comstock, 24 Mich. 39.

¶2The decree is affirmed, with costs.

The other Justices concurred.