Burton v. Snow

• Decision Date: 08 May 1911
• Citation: 130 N.W. 1116,165 Mich. 530
• Parties: BURTON v. SNOW et al.
• Court: Michigan Supreme Court

165 Mich. 530
130 N.W. 1116

BURTON
v.
SNOW et al.

Supreme Court of Michigan.

May 8, 1911.

Appeal from Circuit Court, Wayne County, in Chancery; George S. Hosmer, Judge.

Bill by William J. Burton against Robert F. Snow and others. From a decree dismissing the bill for want of prosecution, complainant appeals. Affirmed.

In December, 1907, complainant filed his bill in the Wayne circuit court, in chancery, against Robert F. Snow, Robert F. Snow, administrator of the estate of Frederick F. Snow, and the W. J. Burton Company, a corporation, in which he prayed that the defendant corporation be restrained from paying a judgment rendered against it at the suit of Robert F. Snow, as administrator of the estate of Frederick F. Snow, on the 2d day of November, 1907, and that a certificate of stock issued by the said W. J. Burton Company to Frederick F. Snow be decreed to be the property of the complainant and be ordered assigned and conveyed to complainant. The bill was answered by Robert F. Snow and Robert F. Snow, administrator, April 22, 1908. No further pleadings having been filed, the answering defendant moved the court to dissolve the injunction; the motion being noticed for hearing on June 11, 1908. This motion appears to have been denied, and another motion to dissolve the injunction was made and noticed for hearing July 12, 1909; one ground of the motion being that no bond was given by the complainant nor any sum of money deposited before the injunction was secured. It seems to be conceded by counsel, although the record does not disclose the fact, that a bond was filed after the second motion to dissolve the injunction was made, and that the motion was denied. On the 16th of April, 1910, a decree was entered in the cause dismissing the bill of complaint for want of prosecution, with the provision that: ‘This decree shall be without prejudice to the said complainant as to a new bill of complaint filed at any time within 60 days from this date for the purpose of ascertaining and determining the ownership of the stock certificate of $1,000 in said W. J. Burton Company, which was one of the purposes of the bill of complaint in this cause.’ The following recital appears in the decree. ‘The hearing of said cause having been adjourned from time to time at the request of said complainant, and having been adjourned from April 9, 1910, to April 16, 1910, upon the distinct understanding that no further adjournment would be granted, * * * it appearing to the court that said...