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FIFTH NATIONAL BANK vs. CIRCUIT JUDGE (Clinton)

Michigan Supreme Court1891-06-09No. No. 12025½
1 McGrath 372

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

To compel respondent to vacate certain orders.

Order to show cause denied June 9, 1891.

A debtor executed a chattel mortgage to High, as trustee for tbe bank and others, and afterwards made an assignment. Tbe assignee did not qualify, and a receiver was appointed. Tbe bank’s claim had been reduced after tbe execution of tbe mortgage, and tbe circuit judge ruled that, as between tbe claims secured by said mortgage, the bank was entitled to a dividend upon the balance only.