McManus v. City of Petoskey

Citation164 Mich. 390,129 N.W. 681
PartiesMcMANUS et al. v. CITY OF PETOSKEY et al.
Decision Date01 February 1911
CourtSupreme Court of Michigan

164 Mich. 390
129 N.W. 681

McMANUS et al.
v.
CITY OF PETOSKEY et al.

Supreme Court of Michigan.

Feb. 1, 1911.


Appeal from Circuit Court, Emmet County, in Chancery; Frank Shepherd, Judge.

Suit by William L. McManus and others against the City of Petoskey and others. From a decree for complainants, defendant, the Block Company, appeals. Affirmed.

Argued before HOOKER, MOORE, McALVAY, BROOKE, and BLAIR, JJ.

[129 N.W. 681]

W. S. Mesick, for appellant.

E. E. Gilbert, for appellees.


HOOKER, J.

The complainants' bill alleges that they are owners of real estate and taxpayers in the city of Petoskey, and reside in Emmet county, in which said city is located; that said city is owner of $5,000, in the hands of one Curtis, and has authorized, through its council, the payment of the same to a corporation, which for convenience we will call the Block Company; that such payment is to be for an unlawful purpose. An injunction was prayed. A demurrer was filed; three of the grounds stated being: ‘First. That said bill of complaint does not state such facts as entitle complainants to institute and maintain a cause of action in a court of equity, or to any relief therein. Second. That the interests of complainants in the subject-matter are not sufficient to entitle them to maintain their said bill of complaint, as the said bill nowhere shows, by direct allegation nor by inference from the facts stated, that severally nor combined they are interested to the amount of one hundred dollars. Third. That the bill of complaint is not sufficient to confer jurisdiction upon the court, because it in no way shows that complainants are interested to the amount of one hundred dollars, and that none of them shows definitely that any wrong has been done him that equity should redress.’ The demurrer was overruled, and the defendants answered with the exception of Curtis, whose default was entered. A temporary injunction was allowed, and made perpetual on the hearing, and Curtis was commanded to pay $5,000 into the city treasury. The Block Company, only, has appealed.

The facts necessary to an undertaking of the case may be briefly stated as follows: The board of trade of Petoskey had title to the land involved in this case, and owned one of the buildings upon it. It may have

[129 N.W. 682]

owned other buildings, but that is perhaps unimportant. The property was occupied by the Climax Dish Company for manufacturing purposes. The Block Company purchased certain buildings-presumably not including the building owned by the board of trade-from the Climax Dish Company. The Block Company then took a lease of the premises owned by the board of trade for five years, with the right of a further term of five years, at an annual rental of $1, and agreed to keep the building-i. e., the...

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