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Levin, J. The question presented is whether annual installments of a Michigan state lottery prize, unpaid at the winner’s death, are exempt from the inheritance tax under a provision of the Lottery Act providing that no state or local tax "of any kind whatsoever shall be imposed upon the proceeds from a prize” awarded ...
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Griffin, J. Defendant was bound over for trial to face felony charges on the basis of hearsay testimony erroneously admitted at the preliminary examination. Although it appears that the ensuing trial was fair and error free, the Court of Appeals determined that this error compelled automatic reversal of defendant’s con...
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Archer, J. We granted leave to appeal in order to consider two principal questions. The first question is whether four police reports were properly admitted into evidence under either MRE 803(6), the business records exception to the hearsay rule, or MRE 803(8), the public records hearsay exception. The second question...
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Boyle, J. We consider whether the Court of Appeals properly reversed the trial court’s decision to terminate alimony under an express provision in the parties’ divorce judgment. We conclude that the Court of Appeals applied an erroneous standard in reviewing the decision of the trial court. i After some twenty-eight ye...
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Per Curiam. The defendants are insurance companies that cannot agree with regard to their respective liability for personal protection insurance (first-party) benefits that are payable to the plaintiff’s subrogors. The Court of Appeals has concluded that the obligation must be borne by defendant American Commercial Ins...
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Brickley, J. This case presents the question whether procedural due process is denied a public school teacher accused of misconduct when the attorney who sits as hearing officer at the teacher’s pretermination hearing before the local board of education is a member of the same law firm as the attorney representing the ...
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Brickuey, J. I. INTRODUCTION A Before us today stands a defendant who alleges that the trial court abused its discretion by imposing an excessively severe sentence. Defendant Milbourn was convicted of breaking and entering a residence with the intent to maliciously destroy property worth over $100. Mr. Milbourn had liv...
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AFTER REMAND Brickley, J. The issues presented in this case are whether a plaintiff, before commencing a suit which disregards the terms of a release, must tender the consideration recited in the release and, if so, at what point before or during the proceedings must this tender take place. We hold that when a plaintif...
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AFTER REMAND Brickley, J. I am unable to agree entirely with the analysis adopted in the opinions of either Justice Boyle or Justice Archer. I believe that the trial judge was entitled to base his sentence not only on the defendant’s prior conviction, but also on testimony concerning the underlying facts of the prior c...
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ON REHEARING Brickley, J. Addison Township and Michigan Consolidated Gas Company entered into a contract in 1973 which allowed Michigan Consolidated to construct a natural gas processing plant within the township. The plant was intended to be used exclusively for gas produced from Leonard Field. In 1984, Michigan Conso...
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Riley, C.J. We granted leave to appeal in this case to decide whether an employee has the right to have counsel present at a physical examination requested by an employer or its insurance carrier pursuant to § 385 of the Workers’ Disability Compensation Act, and if so, whether counsel may make an audio recording of the...
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AFTER REMAND Boyle, J. The issue raised in this case is whether People v Bobo, 390 Mich 355; 212 NW2d 190 (1973), precludes cross-examination regarding a prior statement, including omissions, to a police officer. In People v Cetlinski the Court of Appeals held on initial appeal that the Fifth Amendment precluded asking...
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Brickley, J. A joint team of federal and local law enforcement officers entered the defendant’s residence without a warrant or consent in October of 1986. Once inside, an officer conducted a pat-down search of the defendant and found approximately six ounces of cocaine. The officers remained in the residence while wait...
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Rrickley, J. We decide in this case whether the highway exception to governmental immunity ex poses the defendants to liability for injuries suffered by a cyclist because of a defect in a designated bicycle path on the inner portion of the paved shoulder of a state highway. The Court of Appeals relied on our decision i...
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Boyle, J. We granted leave to appeal in this first-party action to recover no-fault benefits to determine whether the trial court properly granted plaintiff’s motion for summary disposition on the basis that the reasonableness and necessity of medical expenses incurred by plaintiff did not affect defendant’s liability ...
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Fellows, J. Plaintiff is a corporation organized for the purpose of building and maintaining a Masonic Temple in the city of Kalamazoo. Its officers were authorized to sell its stock to members of the fraternity only but they were authorized to accept donations from others. On September 11, 1914, Edmund S. Rankin was p...
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FELLOWS, J. (after stating the facts). But two questions require consideration. The trial judge instructed the jury: “If you find for the plaintiff you will proceed to estimate his damages. The measure of the plaintiff’s damages will be the highest market value of the stock at any time during which it was wrongfully wi...
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Sharpe, J. In 1906, George H. Purchase, defendant’s husband, induced a number of persons to pay to him certain moneys for the purpose of acquiring a lease on land then being prospected for oil in the Province of Ontario. In Mast v. Purchase, 163 Mich. 35, a decree declaring the moneys so paid to the amount of $11,092.3...
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Wiest, C. J. In July, 1919, the common council of the city of Detroit adopted the following ordinance: “An ordinance to regulate and license the business of selling jewelry, other than second-hand jewelry, in the city of Detroit. “Section 1. No person, firm or corporation shall engage in the business of selling jewelry...
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Clark, J. Defendant has appealed from a decree for divorce. The parties were married in December, 1918, and separated nearly four years later. They have no children. Plaintiff filed a bill for divorce in April, 1918, on the ground of extreme and repeated cruelty. In July, 1918, after answer and hearing, the bill was di...
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Fellows, J. (after stating the facts) '. The conflicting testimony took the question of defendant’s negligence to the jury. We do not understand this to be controverted. Two important questions require consideration; they are: (1) Should the court have held as matter of law that plaintiff was guilty of contributory neg...
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Moore, J. This is a suit to restrain the use of property for business purposes in violation of restrictions. Prior to 1916 plaintiffs owned land at and near the cornor of Parkview and Jefferson avenues in the city of Detroit, as follows: (1) The southeast corner of Parkview and Jefferson avenues with a frontage on Park...
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McDonald, J. In October, 1898, the plaintiffs, Alexander T. Fischer and Mary Fischer, his wife, became the owners of a farm consisting of about 329 acres on the Gratiot road in the county of Wayne. In May, 1907, they mortgaged it to the Northwestern Mutual Life Insurance Company to secure a loan of $17,000. Afterwards,...
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Bird, J. Plaintiff sued defendant for a balance of $125 and interest, which, it is claimed, was due on a $400 • note given to plaintiff’s intestate for a piano player. The note was what is termed a contract note, which retained the title in plaintiff’s intestate until the note was entirely paid. Plaintiff had judgment ...
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Bird, J. The defendants owned certain real estate in the city of Detroit and were desirous of erecting thereon an apartment building. They had .some money but not sufficient to finance the project. They applied to plaintiff to secure for them a mortgage loan of $125,000. The matter was talked over, an agreement reached...
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Clark, J. From the plaintiff, the Central Mill & Lumber Company, bankrupt, was a contract purchaser of the real estate used in its business. The printed matter prepared by the Security Trust Company, trustee, for a public sale of the property of the bankrupt and for the convenience of bidders, divided the property into...
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McDonald, J. The plaintiff filed his information in the nature of a quo warranto to oust the defendants, who are holding the public office of trustees of the township school district of Van Burén township, Wayne county, Michigan. The township of Van Burén contained five whole school districts and nine fractional school...
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Wiest, C. J. Plaintiff is a Massachusetts corpora tion and, upon its application, was duly licensed under the so-called blue sky law of this State to carry on the business of buying and selling stocks for customers on commission. In this proceeding plaintiff reviews, by certiorari, an order of the Michigan securities c...
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Bird, J. Plaintiffs exchanged their equity in an apartment building, number 270 Frederick street, in the city of Detroit, for defendants’ equity in an orange grove in Redlands, California. Both properties were carrying mortgages equal to a very large per cent, of their value. Defendants lived in Detroit. Plaintiffs wer...
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Fellows, J. The accident out of which this lawsuit arose occurred in Fruitland township, Muskegon county, on a highway known as the Michigan Pike. The pike is of concrete construction 9 feet wide, and there is about 15 feet of level road on each side of the concrete. Plaintiff, with a team and farm wagon, accompanied b...
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Wiest, C. J. This is a companion case to that of Elizabeth Charvat y. Gildemeister, ante, 286, in which an opinion is handed down herewith. The facts and questions of law are so near alike in both cases that the briefs in Elizabeth Charvat’s Case are the briefs in this. The case is governed by the opinion in Elizabeth ...
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Sharpe, J. The defendant company and its assignors have maintained a dam on Prairie river, also called Hog creek, in the township of Nottawa in St. •Joseph county, about one mile from the village of Centerville, since the year 1857. It was originally constructed of wood and earth. In 1904 it was rebuilt of concrete. Pl...
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Sharpe, J. The defendant company is a Michigan corporation, with its principal place of business at the city of Niles. The books of the company were kept by its secretary and treasurer, W. D. Johnson, in Chicago. In May and June, 1918, certain parties living in Pittsburgh, Pennsylvania, had given their notes to the com...
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Sharpe, J. On December 24, 1915, defendant’s general manager, C. F. Wade, wrote plaintiff: “We are pleased to advise that effective January 1, 1916, your salary will be increased from its present $45; per week to $2,500 per year.” Plaintiff, who was at that time in the employ of defendánt, testified that within a few d...
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Sharpe, J. The defendant, while assorting waste paper at the plant of the Michigan Carton Company in Battle Creek in January,- 1919, found therein 26 bonds of the Wellsville Telephone Company, a cor p oration organized under the laws of the State of New York, of the face value of $500 each. These bonds were all dated J...
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Wiest, C. J. The sole question in this case is whether the evidence of sale of a car load of potatoes satisfies the statute of frauds. Defendants are co-partners, engaged in business' at Marquette, and plaintiff is located at Escanaba. Defendants asked plaintiff, by telephone, if it could furnish them with potatoes and...
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Bird, J. Defendant Louis Brodsky and his wife, Sadie Brodsky, made contracts for the erection of an apartment and business building on their lots in the city of Detroit, described as lots 21 and 22, Grosman and Cushing’s subdivision, and which are known in this record as “the Warren avenue property.” They arranged for ...
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On Rehearing. Per Curiam. This case involved a claim for damages charged to defendant as terminal carrier in the transportation of an interstate shipment of a car load of horses. In the original opinion (219 Mich. 665) the case was held properly submitted to a jury on the theory that the terminal carrier was presumptiv...
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Moore, J. This is a divorce case. The parties were married in 1912, and separated in 1918. The bill of complaint alleges cruelty and failure to support, and among other things counts upon the defendant’s attentions to his cousin and the neighborhood gossip and embarrassment to her on account thereof. The court granted ...
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McDonald, J. Plaintiff brings this action to restrain the defendant from interfering with her possession of certain real estate in the city of Grand Rapids, Michigan, and to compel him to convey to her any interest which he may have acquired in the property by virtue of certain tax deeds for city taxes. Her bill allege...
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McDonald, J. The plaintiffs, who are citizens and resident taxpayers of the city of Detroit, seek to restrain, the city from proceeding with the erection of a municipal garage without first having complied with the city charter relative to the letting of contracts to the lowest responsible bidders, and without having l...
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Clark, J. Lakeview, Montcalm County, Michigan, is a village on a line of the Pere Marquette Railway Co. In the late fall or early winter of 1917 perishable shipments were moved from that point principally in box cars, the company being able to supply refrigerator cars for less than one-third of such shipments. No discr...
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Steere, J. On March 21, 1921, plaintiff commenced an action in the Wayne county circuit court by declaration in a plea of trespass on the case upon promises against Hugo Kelemen, a building contractor of Detroit. Personal service was had but defendant did not appear and his default was entered on April 12, 1921. Prseci...
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Steere, J. Plaintiff was granted a decree of divorce from defendant on the ground of extreme cruelty. The parties were married in 1907 and had five living children, George, 12 years of age, being the oldest, and June, aged 2 years, the youngest. The court awarded to plaintiff George, June and Mary (11 years old) but ga...
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Clark, J. The bill was filed to enjoin a violation of a building restriction imposed by a common grantor. Defendants owned land at the southwest corner of Kirby avenue and Hastings street in Detroit, subject to the following restriction by their deed and of record: “No building to be erected nearer than twenty-five fee...
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Wiest, C. J. The bill herein was filed to reform a deed, it being claimed that Fidelia Bliss, the mother of Jessie Blanchard, and now deceased, intended to convey to plaintiffs four lots in the village of Tekonsha, but by mistake of the scrivener the deed as executed covered but two of the lots. Defendants, who are hei...
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Fellows, J. Plaintiff is an Iowa corporation engaged in the sale of meats at wholesale. Its plant is located at Waterloo in that State. Through a broker in Detroit it sold meats to retail dealers there. It maintained no office in the State. The broker solicited orders for plaintiff and others on a commission basis and ...
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Sharpe, J. The original plat of the city, then village, of Greenville, known as Rutan’s plat, was recorded in the register of deeds’ office in Montcalm county on May 31, 1856. It included lands on sections 9 and 10 in town 9 north, range 8 west. The line between these sections appeared on the plat as Lafayette street. ...
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Steere, J. Defendant seeks reversal of a judgment against it based on a fire loss under a $1,000-insurance policy which it had issued to plaintiff covering a frame dwelling house located at 515 Webster street, Grand Rapids. The policy was issued January 2, 1916; The fire occurred November 11, 1918, resulting in a total...
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Steere, J. On October 20, 1921, plaintiff commenced an action of assumpsit by declaration filed in the circuit court of Bay county against the five defendants, John, Sam, Abe, Isadore and Myer Blumlo, doing business as the Saginaw-Bay City Auto Wrecking Co., a copartnership. Process was duly issued against all defendan...
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McDonald, J. The plaintiffs were allowed a claim of $39,162.42 against the defendant estate in the probate court for Bay county. An appeal to the circuit court resulted in a directed verdict for the plaintiffs in the sum of $40,602.72. The defendant appeals. In 1916, Charles R. Hawley and Robert C. Bialy, both now dece...
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Bird, J. In 1916 defendant purchased from plaintiff on contract certain lots in the city of Detroit. The consideration therefor was to be made in monthly payments, and all to be paid at the end of five years. Payments were made from time to time by defendant until May, 1920. Defendant had lost his copy of one of the co...
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Steere, J. This is an action in assumpsit commenced by summons on May 22, 1918. Plaintiif declared upon the following- instrument claimed to have been executed in duplicate by the parties charging its breach by defendant and resulting damages in the sum of $6,000: “Memorandum of agreement, made and entered into, this 1...
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Bird, J. Plaintiff installed several flue blowers in defendant’s mill and they were paid for in part. Suit was begun in justice’s court to recover a claimed balance of $140.10. Personal service was had and on the return day plaintiff filed its declaration and defendant pleaded orally the general issue and reserved the ...
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McDonald, J. On the 2d day of June, 1922, the defendant, acting as circuit judge in the Wayne circuit court, entered a decree dismissing plaintiffs’ bill in a suit against Henry W. Campbell and Katherine H. Campbell. Within 20 days after the date of the decree the plaintiffs filed a claim of appeal with the clerk and p...
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McDonald, J. This bill was filed to reform a land contract and to have it specifically enforced as reformed. In 1913, the defendant owned land fronting on the south shore of Walled Lake in Oakland county, Michigan. Out of it he platted a subdivision known as Chapman’s Walled Lake subdivision. The lots shown upon the pl...
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Moore, J. This is an action brought by plaintiff against the defendant for damages for alienating the affections of the wife of plaintiff. The case was tried', before a jury who returned a verdict for $3,500.. Afterwards defendant made a motion for a new trial,, and the judge filed an order granting a new trial unless ...
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Per Curiam. The trial judge filed an opinion which we adopt: “School district No. 5, Springwells township, Wayne county, wanting a new school building erected, according to plans and specifications prepared by architects, the school board advertised for competitive bids-Each bidder was required to deposit a certified c...
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Bird, J. The J. C. Hatfield Company was a corporation engaged in selling fire, accident and industrial insurance, and furnishing indemnity bonds, in the city of Kalamazoo. J. C. Hatfield was president and manager of the company. The defendant is a con tractor in the same city. Between the years 1917 and 1921 the defend...
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McDonald, J. This bill is filed for the purpose of procuring a decree setting aside a workmen’s compensation agreement and the order of approval by the industrial accident board on the ground that the agreement was secured through mistake, fraud and misrepresentation. The plaintiff is an electrician. On the 7th day of ...
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Wiest, C. J. The 4th day of June, 1920, in mid-afternoon, while plaintiff was driving his automobile across the railroad track of defendant at a street crossing about 100 feet north of the passenger depot in the village of Ellsworth, the engine stalled and the automobile stopped on the railroad track. Plaintiff’s autom...
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Sharpe, J. On April 21, 1921, the defendants executed articles of incorporation, pursuant to the provisions of Act No. 232, Pub. Acts 1903 (2 Comp. Laws 1915, § 9017 et seq.). The corporate name assumed was “Majestic Auto Sales Company.” The purpose was to establish and operate garages and storage stations, to wholesal...
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Sharpe, J. Plaintiff alighted from a north-bound passenger car on Hamilton avenue in the city of Detroit at the usual stopping place just before it reached Atkinson avenue. Her intention was to cross to the west side of the street. Sh¿ was struck and severely injured by a car on the west track, going southward. She had...
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Clark, J. On certiorari defendant seeks to set aside an award of the department of labor and industry, also styled the commission. Plaintiff was injured on December 16,1920, while working in an iron mine of defendant. He suffered an inguinal hernia for which he was later operated. Under agreement he was paid maximum co...
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Steere, J. By agreement of counsel the four above entitled actions, separately begun on May 1, 1919, were tried together before the circuit court without a jury mainly on stipulated facts, resulting in judgments for plaintiff. Defendants have brought them to this court for review on separate writs but like assignments ...
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Wiest, C. J. This is certiorari to the corporation tax appeal board. Plaintiff is a Michigan corporation, with $1,822,908.75 of its capital paid up and a surplus of $3,468,616.75. Included in the surplus is $1,100,000, the value of shares of stock owned by plaintiff in the Beaver Cove Lumber & Pulp Company, of British ...
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Fellows, J. The original bill praying for a decree for separate maintenance was amended to ask for an absolute divorce. It would not profit the parties or the profession to detail the brief and stormy matrimonial career of these parties. It will suffice to say that they were married May 27, 1920, and finally separated ...
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McDonald, J. This action is in ejectment and involves a strip of land on the boundary line between lots'4 and 5 of Baldwin’s addition to the city of Pontiac. From a judgment entered on a verdict for the plaintiff, the defendant has appealed. On a former trial plaintiff also recovered a judgment which was reviewed and r...
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Clark, J. Sallie Riegler was . granted divorce from Floyd A. Riegler in¡ the Kalamazoo circuit on December 5, 1919. The decree provided that he pay $18 per week, weekly in advance thereafter, for the support of minor children. Later a warrant was duly issued by a magistrate of Kalamazoo county charging the father with ...
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Sharpe, J. In November, 1919, the defendants were engaged in constructing a concrete bridge over the Boyne river in the city of Boyne City. Water for preparing the concrete was procured from a hydrant on the street and was carried to the mixer through a 11/2-inch pipe, which crossed the sidewalk on Water street from 10...
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Sharpe, J. Defendant, by writ of error, seeks review of a judgment entered on a directed verdict against him in the sum of $892.60 in favor of the plaintiffs, representatives of the E. W. Sparrow estate, for rent of certain premises in the city of Lansing. A written lease of the premises was made by Frank E. Church as ...
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Steere, J. Oh August 2, 1918, defendant Boyes & Blandford Company entered into contracts with the State highway commissioner under the so-called Covert act to do certain highway construction on the “Huron Shore Pike Job” in Sanilac county, technically known as assessment districts 150, 151, 152 and 158. There was a sep...
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Steere, J. Rose Tucker was tried before a jury in the recorder’s court in the city of Detroit on January 31, 1922, and found guilty of the crime of larceny from the person. She was sentenced to the Detroit house of correction for the statutory period of five years with a recommended minimum sentence to be served of two...
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Bird, J. Defendant conducts an undertaking business in the city of Detroit. On the morning of April 11, 1920, defendant was called by plaintiff, or someone in her household, and advised that an infant had died in her house during the preceding night, and he was requested to come and take charge of and bury it. Defendan...
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Fellows, J. Running south from Carson City is a main traveled highway to Hubbardston, Matherton, Pewamo and Portland. A portion of it is on the line between Clinton and Ionia counties. As it runs out of Hubbardston, it is entirely within the township of Lebanon, Clinton county. Shortly after leaving Hubbardston the roa...
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Fellows, J. This- bill in equity attacks the validity of an election held on November 8, 1921, under the provisions of section 3309 et seq., 1 Comp. Laws 1915, the apparent result of which election was to annex the territory comprising the village of Oakwood to the city of Detroit. All the municipalities affected by th...
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Moore, J. John C. Batchelder, now dead, made a will on September 24, 1920, bequeathing to his heirs at law all his household goods and bric-a-brac, appraised at upwards of $4,000. He devised his home to the trustees of the Protestant Episcopal church for the diocese of Michigan, in trust, to hold and maintain as a home...
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Moore, J. The plaintiff filed this bill of complaint for the purpose of having a judgment obtained against her and her husband in favor of the defendant on the 9th of March, 1915, set aside so far as it applied to her, and to have a levy made on her property declared void. It was the claim of the plaintiff that process...
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Bird, J. In August, 1918, plaintiff obtained a decree of divorce against defendant in, the Wayne circuit court, on the ground of extreme cruelty. The decree gave plaintiff the custody of their adopted child, Mary, who was then 2 years of” age, until she should arrive at the age of 14 years. The decree further provided ...
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Clark, J. This case is reported in 209 Mich. 497, which see. There a new trial was granted unless plaintiff chose to remit a judgment of $3,311.28 to $2,148.36. Plaintiff did not remit. A second trial resulted in a verdict and judgment for plaintiff for $3,221.44. Defendant brings error. Plaintiff owned certain patents...
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Bird, J. Plaintiffs filed their bill in the Wayne circuit court to abate a nuisance alleged to have been created by the defendant in the vicinity of their dwelling. Relief was denied and the bill dismissed. Plaintiffs appeal. Plaintiffs were the owners of a two-family flat known as 1030 Forrest avenue, east, in the cit...
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Bird, J. In 1919 Margaret Petrovich lived with her daughter Agnes and two other children in the city of Detroit. Differences arose between her and her husband and he went away. Learning that he was at some point in the State of Ohio she left her children in care of a Russian family, and went to search for him. When she...
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Moore, J. The defendants were partners at Grand Rapids, Michigan, in the tire business for about ten years prior to January 9, 1920, when they dissolved partnership. Mr. Noble purchased Mr. Bissell’s interest and continued the business under the trade name “The Grand Rapids Vulcanizing Company.” No direct notice of the...
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Moore, J. The facts are stipulated as follows: “The relator was employed by a properly authorized agent of the street railway commission of the city of Detroit on November 10, 1920, as a lineman, and that on the 26th day of November, 1920, he was discharged from this employment by said commission. That the relator was ...
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Bird, J. Plaintiff is the owner in fee of all that part of lots 1 and 2, section 3, town 14 north, range 5 east, lying easterly and northerly of the right of way of the Grand Trunk Railway Company in Bay county. Between these lots and the shore line of Saginaw Bay and outside of the meander line- there lies a strip of ...
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Fellows, J. Armin Weinberger, who did business in Detroit under the name of Weinberger & Ziegler, desiring to engage in the business of selling foreign steamship tickets and to receive' the certificate of the commissioner of banking of the State authorizing him so to do as provided by Act No. 271, Pub. Acts 1915, as am...
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Moore, J. The plaintiff, who is 19 years old, and her husband, Alfred Walter Davis, who was also under 21 years, in the afternoon of April 17, 1921, were riding in an automobile with the owner and driver of the car. There were other persons in the car. It is the claim of the plaintiff that the defendant was running its...
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Wiest, C. J. Dr. William H. Betteys held an accident policy issued by defendant company on September 17, 1910, indemnifying him “against disability or death resulting directly and independently of all other causes from bodily injuries effected solely through external, violent and accidental means,” and renewed from yea...
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Moore, J. The plaintiffs brought this action to recover a broker’s commission for the sale of defendants’ farm. In the spring of 1920 the plaintiff firm had in their employ a salesman, Mr. Mann, who obtained from the defendants Exhibit A, which is spoken of as a listing contract, which gave to the plaintiffs such right...
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Steere, J. Plaintiff filed this bill to compel specific performance of. a land contract given to bim by defendant Campbell, reading as follows: “50.00. Detroit, Michigan, January 28, 1916. “Received of Benjamin Robinson fifty dollars on account of contract for lot one (1) Yeaman’s addition to Highland Park village 105 ...
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Fellows, J. This case involves the ownership of $5,655 on deposit in the First National Bank of Kalamazoo, standing in the name of Mrs. Charles Nurrie at the date of her death. Plaintiff, Charles Nurrie, was the husband of Mary Ann Nurrie; William L. Fitzgerald is the executor of her will executed shortly before her de...
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Wiest, C. J. Plaintiff filed the bill herein for specific performance of a contract for exchange of properties between himself and defendant Elizabeth Schuster, and to regain possession of an unrecorded deed given him by Elizabeth 'Schuster and obtained by her without his consent from the office of the register of deed...
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Steere, J. On April 30, 1920, plaintiff grazed or ■slightly cut the skin of her left forefinger while handling index cards in the office of the defendant Modern Pattern & Machine Company, where she was employed as its auditor and office manager, receiving a salary of $60 per week. Infection developed in the finger foll...
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Bird, J. Defendant corporation was formed to manufacture and market an automobile wheel, with an authorized capital of $500,000. It was authorized by the Michigan securities commission to sell $227,900 of the authorized capital. On January 3, 1919, defendant made a written contract with plaintiff to sell $220,000 of th...
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Clark, J. Luka Tomkovich, Milica, his wife, and Rocco Pavicevich were partners doing a small grocery and meat business at the village of Wakefield under the firm name of Pavicevich & Tomkovich. Tomkovich and wife made a promissory note to defendant Mistevich due July 29, 1916, for $257. On July 18, 1916, the* note not ...
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Fellows, J. Defendant Mudge is a real estate* dealer in Detroit. Plaintiff is his sister-in-law. Under the advice and with the assistance of Mr. Mudge, plaintiff, from the year 1915 to the fall of 1917, engaged in some 17 successful real estate deals. By the fall of 1917 she had acquired some equities in improved prope...
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McDonald, J. On May 30, 1920, through the explosion of an acetylene tank, Mr. Donnelly, the plaintiff, sustained an injury which resulted in the loss of one of his eyes. He brings this suit to recover his loss. On the 29th of March, 1912, he took out an accident insurance policy in the ¿Etna Life-Insurance Company of H...
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McDonald, J. The parties entered into- a written contract by which the plaintiffs agreed to sell to the defendant certain real estate in the city of Detroit. The defendant gave as the first payment two checks for $200 and $300, respectively. • When these checks were presented for payment at the bank it was found that t...
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Fellows, J. Plaintiff was arrested by defendant, a member of the police force of Detroit, without a warrant, as he was leaving the baseball grounds at the close of a game; he was taken to the police station and detained until released on bond; upon a hearing he was promptly discharged and brings this action for #false ...
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Steere, J. This action in ejectment was brought by plaintiff as trustee of the heirs of John Torrent, deceased, to recover from defendant possession of property described as “a portion of blocks five hundred forty-six (546), five hundred forty-seven (547) and five hundred forty-eight (548) of the revised plat of the ci...
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