Michigan Supreme Court, 1896

Taylor v. Circuit Judge

Taylor v. Circuit Judge
Michigan Supreme Court · Decided October 6, 1896
1 McGrath 833

Taylor v. Circuit Judge

Opinion of the Court

To dissolve an injunction restraining relator from interfering, under a writ of restitution, with complainant’s possession of certain premises.

Order to show cause denied October 6, 1896.

Relator had possession under a lease from complainant, to whom he had given a chattel mortgage, covering certain bar fixtures and other property, and upon default had surrendered possession.

Complainant foreclosed his mortgage and became the purchaser at the sale. Relator then commenced proceedings before a commissioner to recover possession, obtained judgment and procured the writ of restitution. Oomplainant then tendered the keys and demanded the rent due. Relator refused either to take the keys or to pay the rent, but afterwards threatened to take possession under the writ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.