138 Mich. 452 | Mich. | 1904
The merits of the controversy involved in the present proceeding are stated in Mack v. Village of Frankfort, 123 Mich. 421; Schmid v. Village of Frankfort, 131 Mich. 197.
While' the suit at law was pending, brought by the relator against the village of Frankfort, the village filed a bill of complaint, setting forth the invalidity of the park bonds, which are the subject of litigation; that Mack & Schmid, the purchasers thereof, were not bona fide purchasers; and asked that the bonds be declared void and be delivered up and canceled, and for an injunction to restrain the defendant from negotiating the bonds. The relator, the defendant in the suit, answered, asserting that they were good-faith purchasers, and that they paid full value therefor, and asked that the bill be dismissed. The answer also set up the validity of the bonds in the hands of
The relator asks the writ of mandamus to compel the respondent to proceed with the hearing of the chancery case. We do not think that the respondent has abused his discretion in refusing to hear the case until the determination of the suit at law, now pending in the Supreme Court.
For this reason, the writ will be denied.