Bankers Trust Co. v. Solovich

Michigan Supreme Court January 25, 1933

Bankers Trust Co. v. Solovich, 246 N.W. 505 (Mich. 1933)

261 Mich. 582; 1933 Mich. LEXIS 810

NORTH, J.

Opinion of the Court

In all material particulars, the facts and issues presented in this appeal are the same as in Equitable Trust Co. v. MiltonRealty Co., ante, 571, which decision is controlling herein. The order entered May 27, 1932, appointing a receiver, is vacated; and the portion of the order of June 11th, requiring Irene Otto to give a bond as a condition of her being made a party defendant is also vacated. The case is remanded to the circuit court for further proceedings incident to the mortgage foreclosure. Costs to appellants.

McDONALD, C.J., and CLARK, POTTER, SHARPE, FEAD, WIEST, and BUTZEL, JJ., concurred.

Addendum

ON REHEARING.Rehearing herein was had at the same time as in Bankers TrustCo. v. Russell, 263 Mich. 677; and decision on rehearing of the latter case is *Page 583 controlling. Our former decision is affirmed and the case remanded to the circuit court for further proceedings therein.

McDONALD, C.J., and CLARK, POTTER, SHARPE, FEAD, WIEST, and BUTZEL, JJ., concurred.

Reference

Full Case Name: Bankers Trust Company of Detroit v. Solovich.
Status: Published