50 Mich. 426 | Mich. | 1883
The sole purpose of the bill in this case is to restrain the defendants from removing from the Bussell House in Detroit the furniture in use therein pending an appeal to the Supreme Court of the suit 'of William J. Ohittenden agadnst Harriet K Witbeeh in which the control and disposition of this furniture comes in question. Injunction was issued as prayed and the defendant appealed. Complainant moves to dismiss, on the ground that the order for an injunction was not a jmal order. But the order which gives to the complainant all the relief which the bill
Injunction lies during the progress of a suit, to restrain the vexatious sale or disposition of the property involved: Story’s Eq. Jur. §§ 907, 954; Kerr on Inj. 214, 535, 593; High on Inj. 170; Daly v. Kelly 4 Dow. 440; Curtis v. Marquis 3 Ves. & B. 168; King v. King 6 Ves. 172; Ally. Gen. v. Proprietors L. R. 2 Eq. Cas. 79; Turner v. Gatewood 8 B. Mon. 613; Joseph v. McGill 52 la. 127 ; or to restrain a surviving partner from abusing his power and trust to the injury of the representative of the deceased: Coll. Part. § 344; Pars. Part. 307; Story on Part. § 344; Hartz v. Schrader 8 Ves. 317; in settling up the partnership affairs the surviving partner must keep the good will of the business in connection with the property and dispose of them together: Hall v. Barrows 4 De G., J. & S. 159; Williams v. Wilson 4 Sandf. Ch. 380.
Pending the appeal in the case of Chittenden v. Witbeck, decided herewith, ante, p. 401, Chittenden gave notice to the defendant that he should remove the furniture belonging to the partnership from the Russell House where it was then in use, and store it elsewhere. "Witbeck thereupon filed the bill in this case, the purpose of which was to restrain such removal. The complainant claims, in the bill in this case, as well as in the answer in the former case: 1st. That Chittenden was in the possession of the Russell House under and by virtue solely of his rights as surviving partner, and was holding the same in trust for the partnership. 2d. That the good-will of the business was partnership
The Superior Court issued the injunction prayed for, and defendants appealed. Reference to the opinion in the former case will sufficiently show that in our opinion the injunction should not have been granted.
The order awarding it must be reversed with costs, and the bill dismissed.