144 Mich. 362 | Mich. | 1906
Relator, a stockholder in the Detroit & Kent County Oil & Gas Company, Limited — a corporation organized under the laws of the Territory of. Arizona — filed a bill of complaint against said corporation in the circuit court for the county of Wayne, in chancery, praying, among other things, that said corporation, ‘ ‘ its officers, agents, trustees, attorneys, and counselors, may be both temporarily and permanently enjoined and restrained from selling, transferring, or otherwise disposing-of the options, leases, lands, properties, and utilities owned or controlled by the said company.” A temporary injunction in accordance with this prayer was issued. The
It is argued in his brief that relator is entitled to a writ of mandamus under the rule laid down in Michigan Mut. Fire-Ins. Co. v. Wayne Circuit Judge, 112 Mich. 270:
‘ The writ will be entertained when the court has refused to retain jurisdiction, supposing it had no jurisdiction when it had jurisdiction in fact, because, if the writ was not entertained under such circumstances, the party would be without remedy.”
It is quite apparent from this entire language that we were attempting to describe cases in which the trial court refused to make a final order which might be reviewed by appeal or writ of error. If such an order is made, even though made upon the erroneous notion that the trial court has not jurisdiction, mandamus will not lie. See Cattermole v. Ionia Circuit Judge, supra.
Relator urges that if the mandamus sought be not granted, the defendant corporation will, before this case can be heard upon an appeal, improperly dispose of all its assets and leave him without remedy. If relator has just ground for this apprehension, we can perceive no good reason why he may not at once appeal, and procure from this court an injunction which will preserve the corporate
The application for the writ of mandamus is denied.
