reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3340 - Sales Under Partition; Settlement of Value of Inchoate, Contingent, or Vested Rights.

600.3340 Sales under partition; settlement of value of inchoate, contingent, or vested rights.
Sec. 3340.
In all cases of sales under judgment in partition where it appears that any married woman has an inchoate right of dower in any of the lands divided or sold, or that any person has a vested or contingent future right or estate in the lands, the court under whose judgment the sale is made shall ascertain and settle the proportional value of the inchoate, contingent, or vested right or estate, according to the principles of law applicable to annuities and survivorships, and shall direct the proportion of the proceeds of the sale to be invested, secured, or paid over in the manner considered the best to secure the rights and interests of the parties. The payment, investment, or other securing of the proceeds of the sale shall be a bar to that right, estate, or claim.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3344 - Release of Interest by Married Woman; Payment From Proceeds of Sale; Effect on Rights.

600.3344 Release of interest by married woman; payment from proceeds of sale; effect on rights.
Sec. 3344.
Any married woman may release her right, interest, or estate to her husband and lawfully acknowledge this release. If the release is executed outside of this state it shall be executed, acknowledged, and certified as the laws of this state require for the execution, acknowledgment, and certification of deeds in any other state, territory, or district of the United States. Upon the release the shares of the sale arising from her contingent interest shall be paid to her. This release shall be a bar to her right, estate, or claim.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3348 - Receiver; Appointment; Protection From Waste, Trespass, or Injury.

600.3348 Receiver; appointment; protection from waste, trespass, or injury.
Sec. 3348.
Whenever it appears that to do so would benefit any part owner of the premises of which partition is sought, the court may appoint a receiver having such authority as is necessary to lease the premises; or protect them from waste, trespass, or injury; or for any other purpose.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3352 - Claims Barred by Statute of Limitations; Acquiescence.

600.3352 Claims barred by statute of limitations; acquiescence.
Sec. 3352.
The authority given by this chapter to partition real estate does not authorize the revival or prosecution of any claim to lands which otherwise would be barred by the statute of limitations or by the acquiescence of any party who had the claim.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3356 - Creditor With Lien; Transfer; Impairment.

600.3356 Creditor with lien; transfer; impairment.
Sec. 3356.
The partition of the premises shall not alter or impair the lien of any creditor on the premises in question, except that when the lien is on the undivided interest or estate of any of the parties, either in a portion or the whole of the premises partitioned, such lien, if partition can be made, shall thereafter be transferred, and be a charge only on the premises assigned to such party, and may be enforced against the same as though such lien had originally existed thereupon.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3360 - Division of Property Among Cestuis Que Trust in Lieu of Sale; Authority From Court.

600.3360 Division of property among cestuis que trust in lieu of sale; authority from court.
Sec. 3360.
In any estate vested in a trustee or trustees for the benefit of any person or corporation, whether by will or other grant or conveyance, where a provision is made for the sale of the trust property and distribution of the proceeds and where no limitation is placed upon the power of alienation, nor restriction made as to the time of the division and distribution of the proceeds of the trust property, and it appears to be more advantageous to the persons for whose benefit the trust was created to divide and distribute the trust property among them rather than to have the trustees sell the property and distribute the proceeds, the trustee may make a division and distribution of the trust estate among the persons entitled to the proceeds for the sale of the property in the same proportions as the terms of the instrument or grant which created the trust provide that the proceeds of the sale of the property should be distributed, upon authority being granted by the circuit court.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3364 - Division of Property Among Cestuis Que Trust in Lieu of Sale; Procedure When All Parties Do Not Consent.

600.3364 Division of property among cestuis que trust in lieu of sale; procedure when all parties do not consent.
Sec. 3364.
In all cases except where all the parties to be benefited by the distribution of the proceeds of the sale of the trust estate give their consent in writing to the division and distribution of the trust estate as above provided, the proceedings to obtain the authority of the court as aforesaid to divide and distribute said estate, may be instituted by the trustee or any person interested in such division and distribution, and shall conform to the provisions of this chapter relating to partition of lands, and the division and distribution, if authorized by the court, shall be effected in the manner provided by this chapter for partitioning the undivided interests of persons in real estate generally.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3368 - Division of Property Among Cestuis Que Trust in Lieu of Sale; Procedure When All Parties Consent.

600.3368 Division of property among cestuis que trust in lieu of sale; procedure when all parties consent.
Sec. 3368.
Such division or distribution of a trust estate may be made by a trustee without obtaining the authority of the court as aforesaid, when all the persons who would be entitled to share in the proceeds of the sale of such estate consent thereto in writing, and such trustee shall make such division and distribution when all of the parties interested as aforesaid so request in writing.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-33 - Chapter 33 Partition (600.3301...600.3372) › Section 600.3372 - Division of Property Among Cestuis Que Trust in Lieu of Sale; Consent of Guardian of Minor, Insane, or Incompetent Person.

600.3372 Division of property among cestuis que trust in lieu of sale; consent of guardian of minor, insane, or incompetent person.
Sec. 3372.
When any of the persons entitled to share in the distribution of the proceeds of the sale of such trust estate is a minor, or insane, or incompetent to give his consent, or make such request, the division and distribution shall not be made without the authority of the court as aforesaid, unless the minor, insane or incompetent person has a general guardian, in which event such general guardian, upon obtaining the authority of the court appointing such guardian to consent to such division and distribution, or request that the same shall be made by the trustee, shall have the same power and authority to consent to such division and distribution or make request therefor, and agree upon a method of effecting such division and distribution as a person of full age and otherwise competent to act in the premises could do. The authority of the court appointing such guardian to give such consent, or make such request, may be obtained by such guardian filing with such court a petition showing the circumstances which it is deemed renders it to the advantage of the minor, insane or incompetent person to have such distribution or division made.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-35 - Chapter 35 the Voluntary Dissolution and Winding Up of Corporations (600.3501...600.3525) › Section 600.3501 - Voluntary Dissolution of Corporations; Actions Equitable in Nature; Stockholders and Creditors as Parties Defendant; Hearing.

600.3501 Voluntary dissolution of corporations; actions equitable in nature; stockholders and creditors as parties defendant; hearing.
Sec. 3501.
(1) Whenever the directors, trustees, or other officers who have the management of the affairs of any corporation, or the majority of them, discover that the stock, property, and effects of the corporation are so far reduced by losses or otherwise that the corporation will not be able to pay all just demands to which it is liable, or to afford a reasonable security to those who deal with it, or whenever the directors, trustees, or officers, or a majority of them, for any reason, deem it beneficial to the stockholders to dissolve the corporation, they may institute a civil action in the circuit court for the county in which the corporation is located, for a judgment dissolving the corporation. Such actions are equitable in nature.
(2) All stockholders and creditors shall be made parties defendant. Hearing of the matter may be referred to a circuit court commissioner.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-35 - Chapter 35 the Voluntary Dissolution and Winding Up of Corporations (600.3501...600.3525) › Section 600.3505 - Voluntary Dissolution of Corporations; Dissolution; Receiver; Temporary Receiver.

600.3505 Voluntary dissolution of corporations; dissolution; receiver; temporary receiver.
Sec. 3505.
If it appears to the court that the corporation is insolvent or that dissolution thereof would be beneficial to the stockholders and not injurious to the public, the court may dissolve the corporation and appoint a receiver of its estate and effects. Pending the hearing, the court may appoint a temporary receiver and prescribe his powers and duties.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-35 - Chapter 35 the Voluntary Dissolution and Winding Up of Corporations (600.3501...600.3525) › Section 600.3510 - Receiver; Bond; Powers; Duties; Administration of Estate; Common Law Assignments.

600.3510 Receiver; bond; powers; duties; administration of estate; common law assignments.
Sec. 3510.
(1) Upon giving bond and qualifying, as the court may direct, such permanent receiver is vested with all the estate, real and personal, of such corporation and is trustee thereof for the benefit of its creditors and stockholders, and has all the powers, authority and remedies of an assignee for the benefit of creditors under RJA chapter 52, and also the power to continue the business of such corporation for such period as the court permits; and so far as they may be applicable, is subject to all the duties and obligations of such an assignee, except where other provisions are herein made.
(2) The provisions of law regulating common law assignments with reference to sales of property, notice to creditors to prove claims, the proving, contesting and allowing of claims, the making of set-offs, the powers of the court in chancery or judge thereof, the making and filing of accounts, the closing of the estate, the distribution of dividends and the compensation of the receiver, apply and shall be followed except that:
(a) stockholders as well as creditors shall be given notice of claims filed and may with like effect request that any claim be contested;
(b) stockholders shall be given notice of such other matters and in such manner as the court may require;
(c) in distributing dividends any surplus remaining after payment of expenses and after creditors are paid in full shall be distributed among the stockholders according to their respective rights as determined by the court.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-35 - Chapter 35 the Voluntary Dissolution and Winding Up of Corporations (600.3501...600.3525) › Section 600.3515 - Sales, Transfers, and Levies Subsequent to Application for Dissolution; Validity.

600.3515 Sales, transfers, and levies subsequent to application for dissolution; validity.
Sec. 3515.
All sales, assignments, transfers, mortgages and conveyances of any part of the assets of such corporation made after the filing of such application for dissolution, in payment of or as security for any existing or prior debt, and all judgments confessed by such corporation after that time, and all subsequent levies or garnishments are absolutely void as against the receiver who may be thereafter appointed.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-35 - Chapter 35 the Voluntary Dissolution and Winding Up of Corporations (600.3501...600.3525) › Section 600.3520 - Repealed. 2002, Act 433, Imd. Eff. June 10, 2002.

600.3520 Repealed. 2002, Act 433, Imd. Eff. June 10, 2002.
Compiler's Notes:
The repealed section pertained to corporations with expired charters.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-35 - Chapter 35 the Voluntary Dissolution and Winding Up of Corporations (600.3501...600.3525) › Section 600.3525 - Chapter Inapplicable to Library; Lyceums; Religious Corporation; Academy; Select School; Burying Ground Corporations.

600.3525 Chapter inapplicable to library; lyceums; religious corporation; academy; select school; burying ground corporations.
Sec. 3525.
The provisions of this chapter do not extend to any incorporated library or lyceum society; to any religious corporation; to any incorporated academy or select school not organized for pecuniary profit; nor to the proprietors of any burying ground incorporated under the laws of this state.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3601 - Restraint of Unauthorized Exercise of Corporate Rights, Privileges, or Franchises; Injunction Before Answer; Continuance.

600.3601 Restraint of unauthorized exercise of corporate rights, privileges, or franchises; injunction before answer; continuance.
Sec. 3601.
(1) Upon complaint being filed by the attorney general, the circuit court may enjoin any corporation from assuming or exercising any franchise, liberty, or privilege or transacting any business not authorized by the corporation's charter. The court may in the same manner restrain any individuals from exercising any corporate rights, privileges, or franchises which have not been granted to them by the laws of this state.
(2) The court may issue the injunction before the answer, upon satisfactory proof that the defendants have usurped, exercised or claimed any franchise, privilege, liberty, or corporate right not granted to them; and after the answer the injunction may be continued until final judgment is had.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3605 - Circuit Courts; Power; Jurisdiction; Plaintiffs; Visitorial Powers Vested in Corporate Body or Public Officer.

600.3605 Circuit courts; power; jurisdiction; plaintiffs; visitorial powers vested in corporate body or public officer.
Sec. 3605.
(1) Circuit courts have the power, and actions may be brought in the circuit courts:
(a) to compel persons to account for their conduct in the management and disposition of the corporate funds and corporate property committed to their charge;
(b) to compel persons to pay to the corporation which they represent, and to its creditors, all sums of money and the value of all property which they have acquired to themselves or transferred to others or have lost or wasted by any violation of their duties as directors, managers, trustees, or other officers;
(c) to suspend any corporate trustee or other officer from exercising his office whenever it appears that he has abused his trust;
(d) to remove any corporate trustee or officer from his office upon proof or conviction of gross misconduct;
(e) to direct new elections to be held by the corporation or board duly authorized to hold elections to supply any vacancy created by any removal;
(f) in case there is no board, or all the members of the board are removed, then to report this to the governor, who is authorized to fill these vacancies with the consent of the senate;
(g) to set aside all alienations of property made by the trustees or other officers of any corporation contrary to the provisions of law or for purposes foreign to the lawful business and objects of the corporation, in cases where the persons receiving the alienated property knew the purposes for which the alienation was made; and
(h) to restrain and prevent any alienation of corporate property in cases where it is threatened or there is good reason to apprehend that it is intended to be made.
(2) This jurisdiction extends over all directors, managers, trustees, and other officers of corporations, and over any person who has held any of these offices in any corporation against whom proceedings are commenced within 1 year after he has ceased to be a director, manager, trustee, or other officer.
(3) This jurisdiction may be exercised at the instance of the attorney general, prosecuting in the behalf of the people of this state, or at the instance of any creditor of the corporation, or at the instance of any director, trustee, or other officer of the corporation who has a general superintendence of its concerns, or by any stockholder of the corporation.
(4) When any of the visitorial powers enumerated in subsection (1), over any corporation, are or shall be vested, by statute, in any corporate body or public officer, the provisions of subsection (1) shall not be construed to divest or impair the powers so vested.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3610 - Sequestration of Corporate Property; Distribution of Assets Upon Final Judgment.

600.3610 Sequestration of corporate property; distribution of assets upon final judgment.
Sec. 3610.
(1) Whenever a judgment is obtained against any corporation, incorporated under the laws of this state, and an execution issued upon the judgment is returned unsatisfied, in part or in whole, upon the petition of the person who obtained the judgment, or his representative, the circuit court may sequester the stock, property, things in action, and effects of the corporation, and may appoint a receiver of the corporation.
(2) Upon a final judgment, the court shall cause a just and fair distribution of the property of the corporation, and of the proceeds thereof, to be made among the creditors of such corporation, in proportion to their debts respectively, who shall be paid in the same order as provided in the case of a voluntary dissolution of a corporation.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3615 - Repealed. 2002, Act 433, Imd. Eff. June 10, 2002.

600.3615 Repealed. 2002, Act 433, Imd. Eff. June 10, 2002.
Compiler's Notes:
The repealed section pertained to corporations insolvent for one year.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3620 - Creditor's Bill Against Directors or Stockholders; Jurisdiction of Circuit Court; Accounts; Receivers; Determination of Liability; Distribution of Property.

600.3620 Creditor's bill against directors or stockholders; jurisdiction of circuit court; accounts; receivers; determination of liability; distribution of property.
Sec. 3620.
(1) Whenever any creditor of a corporation seeks to charge the directors, trustees or other superintending officers of such corporation, or the stockholders thereof, on account of any liability created by law, he may bring an action in the circuit courts to enforce such liability.
(2) The court shall proceed thereon as in other cases, and when necessary, shall cause an account to be taken of the property and debts due to and from such corporation, and shall appoint 1 or more receivers, who shall possess all the powers conferred, and are subject to all the obligations imposed on receivers in case of the voluntary dissolution of a corporation.
(3) But if, on the coming in of the answer, or upon the taking of any such account, it appears that such corporation is insolvent, and that it has no property or effects to satisfy such creditor, the court may proceed without appointing any receiver, to ascertain the respective liabilities of such directors and stockholders, and enforce the same, by its orders and judgments, as in other cases.
(4) Upon a final judgment being made upon any such application to restrain a corporation, or upon any such complaint filed against directors or stockholders, the court shall cause a just and fair distribution of the property of such corporation, and of the proceeds thereof, to be made among its creditors, in the order and in the proportions prescribed in the case of a voluntary dissolution of a corporation.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3625 - Debt; Enforcement of Payment; Stock Subscriptions; Determination of Liability.

600.3625 Debt; enforcement of payment; stock subscriptions; determination of liability.
Sec. 3625.
(1) In all cases in which the directors or other officers of a corporation, or the stockholders thereof, are parties to the action in which judgment is rendered, if the property of such corporation is insufficient to discharge its debts, the court shall proceed to compel each stockholder to pay in the amount due and remaining unpaid on the shares of the stock held by him, or so much thereof as is necessary to satisfy the debts of the company.
(2) If the debts of the company remain unsatisfied, the court shall proceed to ascertain the respective liabilities of the directors or other officers, and of the stockholders, and to adjudge the amount payable by each.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3630 - Discovery of Corporate Assets; Answer by Officer, Agent, or Stockholder; Answers and Examinations of Witnesses; Use of Evidence.

600.3630 Discovery of corporate assets; answer by officer, agent, or stockholder; answers and examinations of witnesses; use of evidence.
Sec. 3630.
(1) Upon any application to the court having jurisdiction, in any of the cases provided in this chapter, such court may compel such corporation to discover any stock, property, things in action or effects alleged to belong, or to have belonged to it, the transfer and disposition thereof, and the consideration, and all the circumstances of such disposition.
(2) Every officer, agent or stockholder of any corporation, against which proceedings are instituted, according to the provisions of this chapter, and every person to whom it is alleged that any transfer of any property or effects of such corporation has been made, or in whose possession or control any such property or effects are alleged to be, may be compelled, in the direction of the court, to answer a complaint filed to obtain any discovery specified in subsection (1), notwithstanding such answer may expose the corporation of which he is a member to a forfeiture of its corporate rights, or any of them.
(3) The answers of the officers and agents of any corporation are evidence against the corporation, in the same manner and to the same extent as if such answers had been given upon an examination of such officers or agents as witnesses in the cause, and such officers or agents may subsequently be examined as witnesses by either party, under the order of the court, but no such answer may be compelled, unless by special order of the court.
(4) Neither the answer of any such officer or agent, nor his testimony upon any such subsequent examination, may be used as evidence upon any indictment, or other criminal prosecution or proceeding against him.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3635 - Injunction Against Other Proceedings by Creditors; Notice to Creditors to Exhibit Claims; Failure to Exhibit Claims and Become Parties.

600.3635 Injunction against other proceedings by creditors; notice to creditors to exhibit claims; failure to exhibit claims and become parties.
Sec. 3635.
(1) Whenever any complaint is filed or any application is made against any corporation, its directors or other superintending officers, or its stockholders, according to the provisions of this chapter, the court may enjoin all other proceedings by any creditor against the defendants in the action, at the application of either party at any stage of the proceedings.
(2) Whenever it appears necessary or proper the court may order notice to be served or published in a reasonable manner requiring all the creditors of the corporation to exhibit their claims and become parties to the action within a reasonable time prescribed by the court.
(3) If any creditors fail to exhibit their claims and become parties within the time specified, they shall be precluded from all benefit of any judgment which is later made in the action and from any distribution which is made under the judgment.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3640 - Inapplicability of Chapter; Library; Lyceum; Religious Corporation; Academy; Select School; Burying Ground Corporation; Insurance or Fraternal Benefit Association.

600.3640 Inapplicability of chapter; library; lyceum; religious corporation; academy; select school; burying ground corporation; insurance or fraternal benefit association.
Sec. 3640.
The provisions of this chapter do not extend to any incorporated library or lyceum society; to any religious corporation; to any incorporated academy or select school; or to the proprietors of any burying ground incorporated under the laws of this state; or to any insurance corporation, fraternal benefit association or society doing business under the laws of this state.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-36 - Chapter 36 Proceedings Against Corporations (600.3601...600.3645) › Section 600.3645 - Actions Equitable in Nature.

600.3645 Actions equitable in nature.
Sec. 3645.
Actions brought under this chapter are equitable in nature.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-38 - Chapter 38 Public Nuisances (600.3801...600.3841) › Section 600.3801 - Nuisance; Injunction; Abatement; Guilt; "Controlled Substance" Defined.

600.3801 Nuisance; injunction; abatement; guilt; "controlled substance" defined.
Sec. 3801.
(1) A building, vehicle, boat, aircraft, or place is a nuisance if 1 or more of the following apply:
(a) It is used for the purpose of lewdness, assignation, prostitution, or gambling.
(b) It is used by, or kept for the use of, prostitutes or other disorderly persons.
(c) It is used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of a controlled substance.
(d) It is used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of vinous, malt, brewed, fermented, spirituous, or intoxicating liquors or mixed liquors or beverages, any part of which is intoxicating.
(e) It is used for conduct prohibited by section 49 of the Michigan penal code, 1931 PA 328, MCL 750.49.
(f) It is used for conduct prohibited by chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
(g) It is used to facilitate armed violence in connection with the unlawful use of a firearm or other dangerous weapon.
(2) All furniture, fixtures, and contents of a building, vehicle, boat, aircraft, or place described in subsection (1) and all intoxicating liquors in the building, vehicle, boat, aircraft, or place are also declared a nuisance.
(3) All controlled substances and nuisances shall be enjoined and abated as provided in this act and the court rules.
(4) A person, or a servant, agent, or employee of the person, who owns, leases, conducts, or maintains a building, vehicle, or place described in subsection (1) is guilty of a nuisance.
(5) As used in this section, "controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1988, Act 2, Eff. Apr. 1, 1988 ;-- Am. 2012, Act 352, Imd. Eff. Dec. 13, 2012 ;-- Am. 2014, Act 387, Eff. Mar. 18, 2015
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-38 - Chapter 38 Public Nuisances (600.3801...600.3841) › Section 600.3805 - Action to Abate; Parties.

600.3805 Action to abate; parties.
Sec. 3805.
The attorney general, the prosecuting attorney or any resident of the county in which a nuisance described in section 3801 is located, or a city, village, or township attorney for the city, village, or township in which the nuisance is located may maintain an action for equitable relief in the name of the state of Michigan, on the relation of the attorney general, prosecuting attorney, resident, or city, village, or township attorney to abate the nuisance and to perpetually enjoin any person, or a servant, agent, or employee of the person, who owns, leases, conducts, or maintains the building, vehicle, boat, aircraft, or place from permitting or suffering the building, vehicle, boat, aircraft, or place owned, leased, conducted, or maintained by the person, or any other building, vehicle, boat, aircraft, or place conducted or maintained by the person to be used for any of the purposes or acts or by any of the persons described in section 3801. After an injunction is granted under this section it is binding on the defendant throughout this state.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2014, Act 387, Eff. Mar. 18, 2015
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-38 - Chapter 38 Public Nuisances (600.3801...600.3841) › Section 600.3810 - Owner; Definition; Authority of Court; Closing of Premises; Vehicle, Boat, or Aircraft; Party Defendant; Service of Summons and Complaint; Opportunity to Be Heard.

600.3810 Owner; definition; authority of court; closing of premises; vehicle, boat, or aircraft; party defendant; service of summons and complaint; opportunity to be heard.
Sec. 3810.
(1) For purposes of this chapter, the grantee or vendee of the last recorded deed or contract that describes the premises, or any part of the premises, on which a nuisance exists as described in section 3801 is considered to be the owner of the premises. The naming of a grantee or vendee as a party defendant in an action under this chapter gives the court authority to abate the nuisance by closing the premises and the defendant is subject to the order and judgment of the court.
(2) For purposes of this chapter, any person in whose name a vehicle, boat, or aircraft is titled, and any secured party or other lien holder whose secured interest in or lien against the vehicle, boat, or aircraft has been filed with the secretary of state or in the office of the register of deeds before the commencement of an action under this chapter, is considered to be the owner of the vehicle, boat, or aircraft. The plaintiff shall join any such secured party or lien holder as a party defendant to an action under this chapter.
(3) A court shall not enter an order or judgment against a defendant under this chapter unless a copy of the summons and complaint has been served on the defendant as provided by Michigan court rules and the defendant given an opportunity to be heard.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2014, Act 387, Eff. Mar. 18, 2015
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-38 - Chapter 38 Public Nuisances (600.3801...600.3841) › Section 600.3815 - Admissible Evidence; Unnecessary Proof; Judgment and Order; Abatement of Nuisance by Forfeiture or Sale.

600.3815 Admissible evidence; unnecessary proof; judgment and order; abatement of nuisance by forfeiture or sale.
Sec. 3815.
(1) In an action under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft, or place is admissible for the purpose of proving the existence of the nuisance.
(2) In an action under this chapter, proof of knowledge of the existence of the nuisance on the part of 1 or more of the defendants is not required.
(3) In an action under this chapter, it is not necessary for the court to find the property involved was being used as and for a nuisance at the time of the hearing, or for the plaintiff to prove that the nuisance was continuing at the time the complaint was filed, if the complaint is filed within 90 days after any act, any violation, or the existence of a condition described in section 3801 as a nuisance.
(4) In an action under this chapter, on finding that the plaintiff has satisfied the burden of proof and that the material allegations of the complaint are true, the court shall enter a judgment and order of abatement as provided in this chapter. However, if the plaintiff seeks abatement of a nuisance by forfeiture or sale of a vehicle, boat, aircraft, or other personal property, the plaintiff has the burden of proving by clear and convincing evidence that the vehicle, boat, aircraft, or property was used for or in furtherance of the activity or conduct that constituted the nuisance as described in section 3801.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2014, Act 387, Eff. Mar. 18, 2015 ;-- Am. 2015, Act 153, Eff. Jan. 18, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-38 - Chapter 38 Public Nuisances (600.3801...600.3841) › Section 600.3820 - Contempt; Punishment; Procedure; Bail.

600.3820 Contempt; punishment; procedure; bail.
Sec. 3820.
(1) If an order or injunction granted under this chapter is violated, the court may summarily try and punish the offender as for contempt, and the person so offending is subject to punishment of a fine of not more than $5,000.00, or imprisonment in the county jail for not more than 6 months, or both, in the discretion of the court.
(2) A violation of an order or injunction granted under this chapter shall be charged by a motion supported by affidavit, and the court, if satisfied that the motion and affidavit are sufficient, shall immediately issue a bench warrant for the arrest of the offender and to bring him or her before the court to answer for the misconduct. The court may, in its discretion, permit the person arrested to give bail and fix the amount of bail pending hearing of the motion.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2014, Act 387, Eff. Mar. 18, 2015
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-38 - Chapter 38 Public Nuisances (600.3801...600.3841) › Section 600.3830 - Removal and Sale of Property; Fees; Closing of Building; Loss of Property Exemptions; Liability of Officers.

600.3830 Removal and sale of property; fees; closing of building; loss of property exemptions; liability of officers.
Sec. 3830.
(1) For removing and selling the movable property, the officer is entitled to charge and receive the same fees as he would for levying upon and selling like property upon execution, and for closing the building or place and keeping it closed, a reasonable sum shall be allowed by the court.
(2) Any person found guilty of maintaining a nuisance under the provisions of this chapter shall forfeit the benefit of all property exemptions, so far as the satisfaction of the order or judgment of the court requires the same, and the taking and disposing of any property of the defendant or defendants by virtue of such order or judgment by any officer directed to execute the same is not a trespass, nor shall such officer be liable either civilly or criminally therefor, if a proper return of such order or judgment and accounting for such property is made to the court within 10 days after the order or judgment is executed.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-38 - Chapter 38 Public Nuisances (600.3801...600.3841) › Section 600.3835 - Proceeds From Sale of Personal Property; Application.

600.3835 Proceeds from sale of personal property; application.
Sec. 3835.
The proceeds of the sale of the personal property, as provided in section 3830, shall be applied in payment of the costs of the action and abatement, and the balance, if any, shall be paid to qualified secured parties and lien holders and then toward the costs incurred in the prosecution of the action, including reasonable attorney fees for services necessitated as determined by the court, and any remaining balance shall be paid to the persons entitled to them as ordered by the court or, if applicable, as ordered under section 3825(5).
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2014, Act 387, Eff. Mar. 18, 2015
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-38 - Chapter 38 Public Nuisances (600.3801...600.3841) › Section 600.3840 - Delivery of Premises to Owner; Conditions; Bond; Abatement; Liability of Sureties; Appeal; Stay of Order of Abatement.

600.3840 Delivery of premises to owner; conditions; bond; abatement; liability of sureties; appeal; stay of order of abatement.
Sec. 3840.
(1) If the owner of such building or place pays all costs of the proceeding, and files a bond with sureties approved by the circuit judge, in the penal sum of not less than $1,000.00 nor more than $50,000.00, conditioned that he will immediately abate the nuisance and prevent the same from being established or kept therein within a period of 1 year from the date of the judgment, the court may order such premises to be delivered to the owner and if the bond is given and costs therein paid before order of abatement, the action shall be thereby abated as to that building only.
(2) If it appears to the court that the conditions of the bond have been violated, the principal and sureties thereon are liable thereon for the full penalty of the bond in an action brought in the name of the state of Michigan, or upon motion in the action in which the bond was given.
(3) Should the defendants, or any of them, appeal to the supreme court from the order and judgment rendered, the injunction or order of abatement shall not be stayed pending the appeal, except that stay may be granted or the order of abatement may be modified pending such appeal upon the written order of 2 justices of the supreme court.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-38 - Chapter 38 Public Nuisances (600.3801...600.3841) › Section 600.3841 - Report by Agency of Seizure and Forfeiture Activities Under Chapter; Audit; "Reporting Agency" Defined.

600.3841 Report by agency of seizure and forfeiture activities under chapter; audit; "reporting agency" defined.
Sec. 3841.
(1) Beginning February 1, 2016, each reporting agency shall report all seizure and forfeiture activities under this chapter to the department of state police as required under the uniform forfeiture reporting act.
(2) Beginning February 1, 2016, each reporting agency is subject to audit as required under the uniform forfeiture reporting act.
(3) As used in this section, "reporting agency" means that term as defined in section 7 of the uniform forfeiture reporting act.
History:
Add. 2015, Act 152, Eff. Jan. 18, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4001 - Attachment; Ex Parte Application; Service of Writ; Jurisdiction.

600.4001 Attachment; ex parte application; service of writ; jurisdiction.
Sec. 4001.
Upon ex parte application showing that the person against whom a claim is asserted is not subject to the judicial jurisdiction of the state or, after diligent effort, cannot be served with process as required to subject him to the judicial jurisdiction of the state, the circuit court shall have the power by attachment to apply to the satisfaction of the claim due or to become due any interest in things which are subject to the judicial jurisdiction of the state and belonging to the person against whom the claim is asserted. A copy of the writ of attachment shall be served upon the person against whom the claim is made in the same manner as provided by rules of the supreme court for service of process in other civil actions in which personal jurisdiction over the defendant is not required. The court may exercise the jurisdiction granted in this section only if action is taken in accordance with rules adopted by the supreme court to protect the parties.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 371, Eff. Apr. 1, 1975
Compiler's Notes:
Section 3 of Act 371 of 1974 provides: “The provisions of this act shall apply to all actions pending or commenced on or after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4015 - Actions as Cause of Discipline or Discharge of Principal Defendant From Employment; Reinstatement; Civil Action.

600.4015 Actions as cause of discipline or discharge of principal defendant from employment; reinstatement; civil action.
Sec. 4015.
A garnishee defendant shall not use the fact that the principal defendant has had 1 or more actions brought against him under the provisions of this chapter or section 8306 as a cause of discipline or discharge of the principal defendant from employment. A garnishee defendant who violates the provisions of this section shall be required to reinstate the principal defendant to employment and reimburse all compensation lost by the discipline or discharge. The principal defendant may enforce his rights under this section by appropriate civil action.
History:
Add. 1974, Act 371, Eff. Apr. 1, 1975
Compiler's Notes:
Section 3 of Act 371 of 1974 provides: “The provisions of this act shall apply to all actions pending or commenced on or after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4021 - Attachment; Venue.

600.4021 Attachment; venue.
Sec. 4021.
The county in which some of the property to be attached is situated is a proper county of venue for attachment.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 371, Eff. Apr. 1, 1975
Compiler's Notes:
Section 3 of Act 371 of 1974 provides: “The provisions of this act shall apply to all actions pending or commenced on or after the effective date of this act.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-40 - Chapter 40 Attachment and Garnishment (600.4001...600.4065) › Section 600.4025 - Venue; Garnishment.

600.4025 Venue; garnishment.
Sec. 4025.
The county which would be a proper county of venue as designated in RJA chapter 16 of an action against the defendant who is garnisheed is a proper county of venue for garnishment if
(1) the county is designated in RJA chapter 16 as a proper county of venue of the action against the principal defendant; or
(2) there is no common proper county of venue designated in RJA chapter 16 of an action against the principal and garnishee defendant; or
(3) personal jurisdiction cannot be obtained over the principal defendant.
History:
1961, Act 236, Eff. Jan. 1, 1963