Opinion
Calendar No. 48,731.
Appeal dismissed October 6, 1961.
Appeal from Wayne; Rashid (Joseph G.), J. Record on appeal refiled July 1, 1961. (Calendar No. 48,731.) Appeal dismissed October 6, 1961.
Bill by Sidney M. Harvey, Thermie Henkle, William T. McAlonan, Emma Moist, and others against Daniel L. Lewis, et al., doing business as Lewis Bros., Brookdale Cemetery Association, Brookdale, Inc., Mt. Sinai Memorial Cemetery Association, and others, for accounting, receivership proceedings, quieting of title, cancellation of encumbrances, impressment of trust, and for other relief in connection with corporate organization and sales of property for cemetery purposes.
Objection by plaintiffs to the allowance of attorney fees in the matter of the receivership of Brookdale Cemetery Association and Brookdale, Inc., and of certain land acreage. Order allowing fees to Stanley E. Beattie, counsel for receiver. Plaintiffs appeal.
Appeal dismissed for failure to comply with order reported in 363 Mich. 232, and remanded for assessment of damages.
Walter M. Nelson ( Burger Sullivan and Frank Lanelli, of counsel for Harvey and McAlonan, Clarence T. Wilson, of counsel for Henkle, Moist, and others), for plaintiffs.
Stanley E. Beattie, counsel for receiver, in propria persona ( Thomas C. Mayer, of counsel).
Appeal dismissed for failure to comply with order of May 2, 1961, appellants' brief and appendix being grossly lacking in the requirements of propriety and grossly disregarding the requirements of a fair presentation of the issues involved to the Court. Court Rule No 70, § 5 (1945). Case remanded to circuit judge for assessment of damages. Greenough v. Greenough, 354 Mich. 508; Harden v. Widovich, 359 Mich. 566 and 361 Mich. 422. Costs to appellees.
As added October 30, 1956, to become effective January 2, 1957. See 347 Mich xxx. — REPORTER.
DETHMERS, C.J., and CARR, TALBOT SMITH, BLACK, EDWARDS, KAVANAGH, and SOURIS, JJ., concurred.
KELLY, J., took no part in the decision of this case.