106 Mich. 254 | Mich. | 1895
On June 25, 1894, a loss occurred under a fire policy issued by the New Hampshire Fire Insurance Company to one James H. Coonan, a resident of the city of Detroit, upon property situate in said city. Proofs of loss were furnished July 3, 1894. On July 28,
The injunction runs against the person of James Hogan, rather than the circuit court for the county of Ionia, and it may be carried into effect by proceedings in contempt instituted in the circuit court for the county of Wayne, in chancery. The insurance company seeks to restrain, not only relator from proceeding in the circuit court for the county of Ionia, but the plaintiffs in garnishment from proceeding in the circuit court for the county of Wayne. If the company had filed its bill in the Ionia circuit, the plaintiffs in garnishment might make the same contention that is here made on behalf of rela
In Maclean v. Wayne Circuit Judge, 52 Mich. 257, a bill was filed in the Wayne circuit to set aside a judgment obtained in the superior court of the city of Detroit. Dodge v. Northrop, 85 Mich. 243, was a similar proceeding. In Barnum Wire & Iron Works v. Wayne Circuit Judge, 59 Mich. 272, a suit was pending in the .superior court of Detroit when the assignment was made, and it was sought to enjoin the prosecution of that suit. In Mabley v. Judge of Superior Court, 41 Mich. 31, judgment had been obtained in the superior court, a new trial had been granted conditionally, and the cause was assigned for trial for a day certain. Three days before the day set, defendant filed a bill in the United States circuit court, and obtained an ex parte order restraining plaintiff from proceeding. The order was served on the day before the day set for the trial, and a notice of the proceeding was filed in the superior court. The judge of the superior court thereupon vacated his conditional order, and reinstated the judgment.’ A mandamus was prayed for to compel the judge of the superior court to vacate said order, which was refused.
Each of these cases was decided upon the merits. Here, two parties are claiming the fund, and each has planted its suit, — one in the Wayne circuit, and the other in the Ionia circuit. A bill of this character, filed after suit brought, necessarily involves a restraint upon existing suits. The company acknowledges its liability upon the policy for the amount of the loss, but insists that it cannot safely pay to either claimant until the disputed question’ is adjudicated in some proceeding which shall
The writ will therefore be denied.