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Riley, J.
We consolidated these three cases to determine whether error requiring reversal occurred by the admission of hearsay statements made to medical personnel pursuant to the hearsay exception of MRE 803(4). See 436 Mich 880 (1990). These cases present an opportunity for this Court to clarify the interpretation an... | [
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Mallett, J.
We granted leave to determine which government entity is responsible for compensating private attorneys assigned to represent indigent criminal defendants in appealing their convictions. We hold that the counties remain responsible for this cost, and reverse the decision of the Court of Appeals.
FACTS
This ... | [
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Memorandum Opinion. The circuit court quashed an investigatory subpoena issued by the Attorney Grievance Commission. Because this action exceeded the authority of the circuit court, we vacate the court’s order and remand the case for reconsideration.
I
In August 1988, a request for investigation was filed against the r... | [
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ORDER
On order of the Court, the matter of the 1992 reapportionment of the Michigan Legislature is again considered.
We are called upon to reapportion the Michigan Legislature. To accomplish this task, we appointed a panel of special masters, whose product we have carefully considered. Having also considered the views ... | [
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ON RESUBMISSION
Brickley, J.
The plaintiff brought these two actions after his son committed suicide in a Michigan State University Department of Public Safety holding cell. In the first action, the plaintiff sued officers Linda Zezulka, Richard Bernitt and Fer-man Badgley, and the three corporations involved in the or... | [
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Leave to file a brief amicus curiae is granted. We note the argument that the Court has by its discussion of MCL 600.9947; 27A.9947 foreclosed consideration of the question of the state’s ultimate responsibility to pay the costs of appointed appellate counsel (439 Mich 1, 13-14). We observe that resolution of that ques... | [
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Per Curiam.
The question presented by the defendant’s delayed application for leave to appeal is whether a person whose conviction has been reversed or otherwise set aside, but who nonetheless remains in the custody of the Department of Corrections, is subject to the 180-day rule of MCL 780.131; MSA 28.969(1) and MCL 7... | [
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Per Curiam.
This defendant was resentenced by a judge who used a presentence report that had been prepared for his original sentencing, more than seven months earlier. The resentencing oc curred after the defendant waived his right to an updated presentence report. The Court of Appeals then ordered that the defendant a... | [
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Riley, J.
In the instant case, we granted leave to appeal to consider the single issue whether the City of East Lansing has the statutory authority to enact and enforce its sign ordinance that eliminates nonconforming billboards and signs over a reasonable period of time. The trial court granted plaintiffs’ motion for ... | [
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Memorandum Opinion. On several prior occasions, this Court has found it necessary to communicate, sua sponte, our views concerning a public question of substantial importance to the whole body politic. In re 1976 PA 267, 400 Mich 660; 255 NW2d 635 (1977); In re Districting for Court of Appeals, 372 Mich 227; 125 NW2d 7... | [
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Cavanagh, C.J.
We address in this case the authority of a local governing body to disapprove a proposed subdivision plat pursuant to the Subdivision Control Act (sca), MCL 560.101 et seq.; MSA 26.430(101) et seq., and the scope of such a body’s authority to place conditions on the approval of such a plat consistent wit... | [
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In the absence of any objection by the Grievance Administrator, the motion to vacate the automatic stay of MCR 9.122(C) is granted.
Reconsideration denied January 31,1992. | [
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T. M. Burns, P. J.
Defendant was convicted by a jury of uttering and publishing a forged instrument. MCLA 750.249; MSA 28.446. He was sentenced to 2-1/2 to 14 years in prison and appeals as of right.
At trial, James Cooper testified that while he was working as a cashier at Don’s Truck Stop on May 2, 1974, defendant en... | [
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Bashara, J.
The defendant was convicted on June 22, 1971 of armed robbery, MCLA 750.529; MSA 28.797, and rape, MCLA 750.520; MSA 28.788. He was sentenced to concurrent prison terms of 10 to 15 years by Judge Joseph A. Moynihan.
The convictions were subsequently affirmed by this Court, but the case was remanded for rese... | [
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Per Curiam.
Defendant pled guilty to assault with intent to rob being armed, contrary to MCLA 750.89; MSA 28.284, and was sentenced to a prison term of from 7-1/2 to 15 years. About five months later, the defendant filed a motion to set aside the plea and for a new trial. The trial court denied that motion, and defenda... | [
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N. J. Kaufman, J.
We are asked to determine when, if ever, an indigent plaintiff may be ordered to post a security bond for costs under GCR 1963, 109.
Plaintiff, an elderly woman whose sole income is a monthly social security check of $197, brought a six million dollar malpractice suit in Wayne County Circuit Court aga... | [
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D. E. Holbrook, Jr., P. J.
Plaintiff, a guest passenger, instituted suit against the defendant, owner-operator, following a single-vehicle accident which occurred on July 4, 1970. A jury trial was held on May 5 and 6, 1975, resulting in a verdict of no cause of action.
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Quinn, J.
Defendant appeals from a circuit court judgment which reinstated criminal charges against her. Those charges had been dismissed by the examining magistrate at the preliminary examination on the basis of illegal search.
The circuit court properly held that the search was legal, United States v Johnson, 154 US ... | [
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J. H. Gillis, P. J.
Judge Allen and I are in agreement with that portion of Judge Kelly’s opinion which affirms the conviction. We agree with the language set forth therein and the reasoning embodied in his opinion for affirmance.
We further agree that the defendant should receive any credit for time served to which he... | [
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Per Curiam.
Plaintiff filed suit against defendants in common pleas court, seeking reimburse ment for workmen’s compensation paid to one of plaintiffs employees. The suit was removed to Wayne County Circuit Court and consolidated with an action defendants had previously filed against plaintiff for injuries suffered in ... | [
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D. E. Holbrook, P. J.
Defendant was found guilty by a jury of armed robbery, contrary to MCLA 750.529; MSA 28.797. He was sentenced to prison for a term of 10 to 50 years and he appeals as of right.
At trial the prosecutor introduced largely uncontested evidence which tended to show that on May 6, 1974, defendant went ... | [
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D. E. Holbrook, Jr., J.
Defendant was convicted by a jury on October 31, 1974, of larceny in a building. MCLA 750.360; MSA 28.592. On November 18, 1974, the trial court sentenced the defendant to a term of from 2 to 4 years in prison. On December 9, 1974, defendant filed his claim of appeal as of right with this Court.... | [
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R. M. Maher, J.
A jury found defendant guilty of delivery of heroin, MCLA 335.341(3)(a); MSA 18.1070(41)(3)(a). He received a 3-1/2 to 20 year sentence, and appeals of right.
Defendant admitted at trial that he delivered heroin to Richard Upton on March 13, 1974. His defense was entrapment, based upon his allegations t... | [
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D. E. Holbrook, Jr., P. J.
The plaintiffs instituted the initial suit on December 10, 1973, charging the defendants with libel for an article published on page 3A of the Detroit Free Press’ November 20, 1973, edition. The suit also charged that the Free Press repeated the libel in a December 1 editorial. The article, w... | [
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M. J. Kelly, J.
On November 7, 1974, defendant was convicted by a Shiawassee County Circuit Court jury of the charged offense of sale of a controlled substance, phencyclidine, MCLA 335.341(l)(b); MSA 18.1070(41)(l)(b). Defendant was subsequently sentenced to serve 24 months on probation with the first 60 days to be spe... | [
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R. B. Burns, J.
The defendant appeals the trial court’s denial of his motion to vacate his sentence and set aside his plea of guilty to the added count of manslaughter. MCLA 750.321; MSA 28.553. We affirm.
The court advised and informed the defendant of his rights, as provided by GCR 1963, 785.7.
While the court was ta... | [
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Danhof, J.
On June 1, 1971, plaintiff Robert Carreras, who was then employed as a truck driver, delivered to the defendant’s mill a load of corn gluten. Plaintiff on direction of Kenneth Johnson, an employee of the defendant, positioned his truck so as to dump his load into a metal hopper designed to receive the load. ... | [
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D. E. Holbrook, Jr., J.
Defendant was charged with felonious assault. MCLA 750.82; MSA 28.277. He was convicted by a jury on February 25, 1975, of the lesser included offense of simple assault. MCLA 750.81; MSA 28.276. Defendant was sentenced to one year’s probation, the first 90 days to be served in the county jail. H... | [
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R. B. Burns, J.
Plaintiff appeals from a summary judgment on behalf of defendant, the workmen’s compensation carrier for plaintiff’s decedent’s employer. The death resulted from an industrial accident for which plaintiff alleges that defendant should be responsible because of negligent inspection of the employer’s prem... | [
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T. M. Burns, J.
Plaintiffs sought a writ of mandamus compelling defendants to either properly maintain a road or to abandon it. The trial court denied the writ. Plaintiffs appeal as of right.
Lake Boulevard is a county road in Indian River, Michigan, which runs parallel and adjacent to Burt Lake on one side and plainti... | [
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N. J. Kaufman, J.
Defendant appeals by right from the May 6, 1975 judgment of the Kalamazoo County Circuit Court which revoked his probation pursuant to a finding that he had violated one of the terms of his probation order. Defendant was subsequently sentenced to a term of from 2-1/2 to 5 years in prison.
In 1973, the... | [
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Quinn, J.
Plaintiff appeals from a decision by Michigan Employment Relations Commission which reversed a decision by an administrative law judge that defendants had committed an unfair labor practice. The decisive issue is whether the decision appealed from is supported by competent, material and substantial evidence o... | [
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N. J. Kaufman, J.
Defendant was convicted of manslaughter, MCLA 750.321; MSA 28.553, after a bench trial in Wayne County Circuit Court. He was subsequently sentenced to a term of from 4 to 15 years in prison and now appeals of right.
Defendant’s conviction resulted from the death of Ann Harris, his aunt. The prosecutio... | [
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Bronson, P. J.
We must determine if present plaintiff has a right to continue his lawsuit against defendant, Chrysler Corporation, after plaintiff has released from liability four other defendants and they have been dismissed, with prejudice, from the litigation.
In 1968, plaintiff-appellant sought legal and equitable ... | [
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Per Curiam.
Plaintiff appeals of right from summary judgment in favor of defendants in a suit to foreclose a mechanic’s lien on property owned by the defendants.
Plaintiff brought action in Genesee County. The complaint alleged that the owner, Union Lake Associates, and Woodward Development Co., had entered into a cont... | [
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On Rehearing
R. B. Burns, P. J.
In this case we have granted defendants’ application for rehearing and entertained additional oral argumentation.
The facts are simple, and stipulated. During the period at issue, plaintiff was a landowner and taxpayer in Swartz Creek, but a resident of Bloomfield Hills. Swartz Creek und... | [
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J. H. Gillis, P. J.
A jury found defendant, charged with armed robbery, guilty of larceny from a person, MCLA 750.357; MSA 28.589. He received a sentence of 3-1/2 to 10 years imprisonment. On defendant’s motion, this Court ordered a remand for a rehearing, in accordance with People v Robinson, 390 Mich 629; 213 NW2d 10... | [
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Bronson, P. J.
On August 8, 1974, plaintiff brought a civil damage action in circuit court for redress of her statutorily created right to be free from discrimination on the basis of sex in private employment. The specific statutes relied upon were the Michigan State Fair Employment Practices Act, MCLA 423.301 et seq.;... | [
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Per Curiam.
Defendant was charged with first- degree murder, MCLA 750.316; MSA 28.548, for the October 6, 1972, shooting death of David Michael Baker. At the conclusion of a four-day jury trial he was found guilty of the charged offense and subsequently sentenced to life imprisonment. This appeal is taken by right and ... | [
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Quinn, J.
The crime that defendant was convicted of and sentenced for and the facts are fully set forth in the dissent. We agree with the resolution of the admissibility of the confession issue as found in that dissent.
The trial court properly denied defendant’s motion to suppress the evidence resulting from the searc... | [
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Bronson, P. J.
Defendant was charged with possession of heroin, contrary to MCLA 335.341(4)(a); MSA 18.1070(41). Prior to trial, defendant filed a motion to suppress the heroin which was the subject of the prosecution on grounds that it was the product of an illegal search. The trial judge granted that motion, quashed ... | [
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Per Curiam.
Plaintiff Kaminskas, a taxpayer of the City of Detroit, and plaintiff associations, unions allegedly representing city employees who are residents, taxpayers and voters in the City of Detroit, filed a complaint against the City of Detroit, the Detroit Civil Service Commission, the Mayor of Detroit, and the ... | [
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N. J. Kaufman, J.
Defendant was convicted by a Calhoun County Circuit Court jury of breaking and entering with intent to commit larceny, MCLA 750.110; MSA 28.305. He was subsequently sentenced to a term of from 4 to 15 years in prison and now appeals as of right.
At trial, James Stone, the complainant, testified that, ... | [
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R. M. Maher, J.
Defendant, upon a charge of breaking and entering, MCLA 750.110; MSA 28.305, pled guilty to an added count of attempted breaking and entering. On November 14, 1974, he was sentenced to three years probation. One of the conditions of his probation was payment of "costs or fines in the sum of $400 forthwi... | [
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R. B. Burns, J.
This appeal results from a suit filed by plaintiff against the various named defend ants (hereinafter "Preferred Mutual”, "Meadow-brook”, and "Flame Gas”) to recover losses for the damage to her home which occurred as a result of pipes freezing and bursting.
Plaintiff purchased an old farmhouse in Septe... | [
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AFTER SECOND REMAND
Cavanagh, C.J.
We revisit in these cases the issue of the existence and scope of exceptions to governmental immunity from tort liability under MCL 691.1407(1); MSA 3.996(107X1). We hold that there is no public nuisance exception to governmental immunity, and that, to whatever extent a nuisance per s... | [
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Riley, J.
We granted leave to appeal to determine whether the public building exception to governmental immunity, MCL 691.1406; MSA 3.996(106), applies to a slip and fall injury occa sioned by an accumulation of grease or oil on a hallway floor. The Court of Appeals held that the exception was applicable to these facts... | [
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Griffin, J.
A statute which became law as the result of a vote of the people of Michigan prohibits the use of public funds to pay for an abortion unless the abortion is necessary to save the moth er’s life. We are required to decide whether that statute, § 109a of the Social Welfare Act, violates the equal protection g... | [
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The request to answer the questions certified by the United
States District Court for the Eastern Distrist of Michigan is declined. | [
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Per Curiam.
The question presented is whether an automobile insurance policy, providing both uninsured motorist coverage and underinsured motorist coverage, with a $50,000/$100,000 policy limit for each coverage, limits the liability of the insurer to a total of $50,000/$100,000, as the insurer contends, or instead pro... | [
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On order of the Court, the Court, on its own motion, amended paragraph 1, part iv, to read as follows:
We turn now to the question whether enforcement of the township’s ordinance amounts to an unconstitutional regulatory taking. As already indicated, that inquiry requires us to consider whether the challenged ordinance... | [
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Levin, J.
The question presented concerns the scope of administrative appellate review by the Workers’ Compensation Appellate Commission of a decision of a magistrate, and the scope of judicial appellate review on leave granted by the Court of Appeals or this Court.
We conclude that the wcac did not, on administrative ... | [
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Mallett, J.
Plaintiffs, injured in a one-car accident in Gratiot County, Michigan, filed separate product liability actions against defendant Ford Motor Company in Wayne Circuit Court. Because plaintiffs were injured there, defendant contends that venue is proper only in Gratiot County. Plaintiffs appeal a Court of App... | [
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Per Curiam.
Plaintiff appeals by right the jury’s verdict of no cause of action in this negligence suit. She alleges that the trial court committed reversible error with regard to evidentiary questions.
Plaintiff first claims that the trial court wrongfully excluded portions of the deposition testimony of her medical e... | [
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T. M. Burns, P.J.
The defendant, Common Pleas Court of Detroit, appeals as of right a February 14, 1978, Wayne County Circuit Court order of superintending control that ordered an official reporter to attend each session of the Common Pleas Court, including the Landlord-Tenant Division, and report verbatim all proceedi... | [
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... |
Per Curiam.
Defendant was arrested in connection with his participation in the purchase of cocaine by an undercover police officer and was charged with delivery of a controlled substance. MCL 333.7401(1), (2)(a)(iv); MSA 14.15(7401X1), (2)(a)(iv), and MCL 333.7214(a)(iv); MSA 14.15(7214)(a)(iv). Defendant filed a motio... | [
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J. H. Gillis, J.
On July 19, 1978, defendant tendered a plea of nolo contendere to a charge of receiving and concealing stolen property over the value of $100. MCL 750.535; MSA 28.803. He was placed on three years probation with the last six months to be served in the Detroit House of Cor rection. The conditions of def... | [
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V. J. Brennan, J.
Defendant appeals as of right from a judgment finding it liable to plaintiffs for damages based upon a breach of fiduciary duty and negligence.
This action was initially brought by two former customers of Computer Payroll and Accounting Systems, Inc. (hereinafter CPAS) against defendant bank. CPAS had... | [
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D. C. Riley, P. J.
Defendant was convicted by a jury of larceny from a person, contrary to MCL 750.357; MSA 28.589, sentenced to serve from one to ten years in prison, and appeals as of right. Of the six assertions of error raised by defendant, we conclude that none, individually or collectively, necessitates reversal ... | [
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G. R. Corsiglia, J.
An appeal is taken from an order of the Livingston County Circuit Court awarding money found in a suitcase buried on vacant, open and unimproved land to the finder, Duane Willsmore, and the Township of Oceola, pursuant to the provisions of the Lost Goods and Stray Beasts Act, MCL 434.1 et seq.; MSA ... | [
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Per Curiam.
Plaintiff was personally injured when a car owned by defendant struck the rear of her car. She filed a complaint alleging serious impairment of bodily function due to defendant’s negligence. Defendant failed to file a timely answer, whereupon. plaintiff brought a motion for default judgment, GCR 1963, 520. ... | [
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M. J. Kelly, P.J.
Petitioner, Port Huron & Detroit Railroad Company, appeals as of right a decision of the Michigan Tax Tribunal which found the petitioner liable for a single business tax deficiency of $17,073.51, under MCL 208.57(3); MSA 7.558(57)(3).
Prior to the hearing below, the parties stipulated that at all tim... | [
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M. J. Kelly, J.
In this case, we are asked to declare unconstitutional those sections of the Michigan Adoption Code, MCL 710.54; MSA 27.3178(555.54) and MCL 710.69; MSA 27.3178(555.69), which prohibit the exchange of money or other consideration in connection with adoption and related proceedings. The plaintiffs appeal... | [
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Beasley, J.
Plaintiffs own real property fronting on and known as 127 Pope Street, in the City of Lapeer, the dimensions of which are 32.1 feet wide by 110 feet deep on the east and 111 feet deep on the west. The rear of the property abuts plaintiffs’ new and used car and truck dealership. After a nonjury trial, judgme... | [
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Per Curiam.
Defendant was convicted by a jury of conspiracy to commit first-degree murder, MCL 750.157a; MSA 28.354(1). He was acquitted of first-degree murder, MCL 750.316; MSA 28.548. Testimony at trial established that defendant was hired by Linda Hamilton to cause the death of her husband.
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Per Curiam.
Defendant was convicted by a jury for conspiracy to deliver a controlled substance and delivery of a controlled substance, contrary to MCL 750.157a; MSA 28.354(1) and MCL 333.7401; MSA 14.15(7401).
Defendant was the owner and driver of a van from which, undercover police officers testified, an illegal drug ... | [
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R. H. Campbell, J.
Defendant appeals as of right after a jury convicted him on February 20, 1979, of breaking and entering an occupied dwelling with intent to commit larceny, MCL 750.110; MSA 28.305, and felonious assault, MCL 750.82; MSA 28.277. On April 19, 1979, defendant was sentenced to concurrent prison terms of ... | [
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Per Curiam.
This case involves a contract of indemnification between defendant-appellee, General Motors Corporation, and defendant-appellant, Darin & Armstrong, Inc. The original posture of the lawsuit involved herein was a personal injury claim by plaintiff against four defendants, of which two were General Motors and... | [
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T. M. Burns, P.J.
The defendant City of Detroit comes before this Court appealing an April 27, 1979, lower court order granting summary judgment in favor of plaintiff on stipulated damages of $276,126.45. We reverse.
On September 4, 1970, and July 13, 1973, the Detroit Common Council passed two resolutions that vacated... | [
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Mackenzie, J.
On January 31, 1979, defendant was convicted by a jury of larceny by conversion contrary to MCL 750.362; MSA 28.594. He was sentenced to probation for five years with one of the conditions requiring restitution of $8,447.31 to complainant, Michigan National Bank of Port Huron. Defendant appeals as of righ... | [
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J. H. Gillis, J.
Plaintiff, Beadling, served as Director of the House of Representatives Fiscal Agency since 1970. On January 27, 1977, he was fired from that position by the House Appropriations Committee. Plaintiff is also a veteran of the United States Navy, having been honorably discharged from that service branch ... | [
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Per Curiam.
This was an action for survivor’s benefits under the no-fault insurance act, MCL 500.3108; MSA 24.13108. In her complaint, plaintiff alleged that she and Kenneth Bennett lived together as husband and wife, that Bennett was killed in a truck/train collision in Detroit, Michigan, and that Bennett had been ins... | [
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Beasley, J.
On December 5, 1979, plaintiff, Dorothy D. Tinkle, was awarded a judgment of divorce from defendant, Harry E. Tinkle. She appeals as of right.
The parties were married in 1941, and there were no minor children at the time of the divorce. Plaintiff is employed as a schoolbus driver, earning approximately $8,... | [
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V. J. Brennan, P. J.
Plaintiff appeals from an adverse judgment by the trial court which dismissed her complaint and granted defendant township an injunction restraining plaintiffs use of her residence in violation of the Bloomfield Township Zoning Ordinance.
The following factual summary frames the present controversy... | [
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Per Curiam.
Defendant, Lamont C. Thomas, was convicted in a bench trial of carrying a concealed weapon, contrary to MCL 750.227; MSA 28.424, and was sentenced to not less than three years nor more than five years in prison. He made a motion for a new trial, claiming that evidence of the gun upon which the charge was ba... | [
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Cooley, J.
The title to a horse is in controversy in this suit. Plaintiff claims it by purchase from Albert Molitor, the former owner, and the • defendant Eobinson claims a right to hold it as constable by virtue of a levy of an execution issued on a judgment in .favor of Crippen, the other defendant. The levy was made... | [
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Graves, J.
Van Baalen was fined in the Recorder’s court in the city of Detroit for having carried on the business of a pawnbroker without license, contrary to a city ordinance, and he has brought the case here by certiorari.
The ground taken is that the ordinance, which among other regulations not complained of, exacts... | [
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Per Curiam.
In these eases nothing is suggested beyond what was considered by the court upon the original arguments, and the motions are therefore denied.
The court does not consider it to be its duty to spread out every reason which may have influenced its conclusions upon every question that arises in a case. Opinion... | [
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Graves, J.
Cady sued Barron and Collins on a promissory note of the following tenor:
“St. Clair, July 30, 1873.
$300. Three months after date we promise to pay to the order of PL P. Cady three hundred dollars at St. Clair, Michigan, value received, with ten per cent, interest.
Geo. F. Collins.
W. B. Barron.”
Barron set... | [
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Cooley, J.
The action in the court below was trover to recover the value of a horse, a buggy, a sleigh, a quantity of household furniture and ornaments, some articles of female apparel, etc. Many of these were claimed by the plaintiff as gifts from J ames Zimmerman, her husband. The plaintiff in error, defendant below,... | [
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Graves, J.
The defendant in error being deputy sheriff and having an execution in his hands in favor of one Ballentine and against Hugh McKay, a son of plaintiff in error, seized thereon as Hugh McKay’s property twenty-six bags of wheat which were found in his father’s barn.
The plaintiff in error claimed the wheat and... | [
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Graves, J.
The plaintiffs in error were lumber dealers, and in November, 1876, they commissioned the defendant in error to -make sales for them. The transaction was reduced to writing in the form of a proposition made by ■Butts and accepted by -Cummers. The writings were as follows:
"Mobley, Mich., Nov. 28th, 1876.
Mes... | [
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Cooley, J.
The controversy in this case concerns the right to stop in transit certain logs sold by plaintiffs to tbe copartnership of E. Eldred & Co., and which, came to the control of the defendants in the Muskegon river.
The logs were sold by two different contracts in writing, one of which it is conceded was fully p... | [
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Cooley, J.
In October, 1875, Henry B. Anderson sold, to the defendant Arthur Eichmond a parcel of land in Ionia county, and took back a mortgage for $650, being part of the purchase price. This sum was represented by three promissory notes, and the mortgage was intended to secure their payment, but by mistake one of th... | [
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Marston, J.
This case is similar to, and is governed by Grand Rapids v. Blakely, just decided.
The judgment must be affirmed with costs.
The other Justices concurred. | [
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Per Curiam.
Until the expiration of two years from the date of the judgment there will be no bar to a new writ. Dismissing a writ of error is equivalent to a non-suit, and cannot prevent further proceedings, which are a matter of right until barred by statute. | [
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Per Curiam.
Cooper had filed a bill of divorce against Jennie Mayhew, an infant, on tbe ground that she bad defrauded him into a marriage with ber. An order was made granting ber temporary alimony, and tbe appeal was taken from this order.
Tbe guardian ad litem of tbe defendant is claimed to have admitted bis ward’s fr... | [
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Graves, J.
In June, 1876, Gower sued Quinlan in ejectment for lot seven on the plat of Monrovia, which is now included in the village of Lexington. The circuit judge sitting without a jury made the following finding on which judgment was entered for the defendant:
George Gower vs. Patrick Quinlan. In 1852, Almeda Smith... | [
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... |
Cooley, J.
The action in the court below was brought by Horr to recover possession of three lots in the city of East Saginaw lying together and occupied as one parcel. To make out his title Horr proved the following facts:
1. That some time prior to February 6, 1873, one William Gallagher was in possession of and actua... | [
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Marston, J.
This case was commenced and tried in justice’s court and then brought into the circuit court upon appeal. At the time of filing note of issue with the clerk of the circuit court, a written demand was made and filed that the cause be tried by a jury. Afterwards the court of its own motion, the attorneys of t... | [
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4... |
Campbell, C. J.
Patterson levied on the furniture and contents of a saloon owned by Bayne, including the liquors and other stock. He made his seizure at night on the 8th of April, 1878, and turned Bayne out of possession. The next morning he appointed two appraisers, one of whom was attorney for the plaintiff in an att... | [
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-... |
Graves, J.
This is a writ of error to a judgment in ejectment against the plaintiff where the judge heard the evidence and made an express finding of facts. The objection raised is that the finding does not warrant the judgment. Except in one particular the ease is in substance and effect the same as Yelverton v. Hilli... | [
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Cooley, J.
The Tittabawassee Boom Co. sued Blanchard to recover charges for running logs for him in the season of 1875, under a contract made in April of that year. It is not disputed that he made the contract with them, nor that they ran the logs under it, and were entitled to recover of some on9 their bill amounting ... | [
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Cooley, J.
The relator was arrested in the county of Oakland on process issuing out of the circuit court of the United States for the eastern district of Michigan, in a civil suit brought by Marshall Field and others, and taken to the city of Detroit, in Wayne county, where he gave the usual appearance bail to the mars... | [
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... |
Campbell, C. J.
Proceedings were had under the statute to condemn land of plaintiff for a school-house site, in which the jury found a necessity for using the land, and awarded fifty dollars damages. The circuit court confirmed the proceeding and rendered judgment. Smith brings certiorari and alleges various defects.
H... | [
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Per Curiam.
The declaration in this case was sent to '.the county clerk without an entry fee. The clerk declined to file it until the fee was paid, and notified the parties accordingly. The fee was then paid. Meanwhile the plaintiffs, supposing the declaration had been filed, had served a copy.
Held that until the decl... | [
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Cooley, J.
The charter of thev city of Ludington, enacted in 1873, empowers the common council, among other things, “To license and regulate saloons, restaurants, and billiard rooms, or prohibit the same or any of them.” Laws 1873, vol. 2, p. 171. When this charter was granted, the constitution of the State provided th... | [
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Cooley, J.
The parties to this suit appear to have had a controversy over a plumber’s bill, which has resulted in two suits, one of which is now before us.
The following facts may be taken as conceded by the parties. McEwen had made a contract for doing certain work at the price of $144. He had also sold Bigelow gas fi... | [
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Graves, J.
Eawson entered into an executory agreement with Babcock to sell him certain premises in the village of Decatur, 'and gave him possession. The agreement was made July 26, 1876, and it provided that Babcock should pay $2,433.40 in two equal payments, one with interest at ten per cent, on or before January 1st,... | [
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54,
63... |
Graves, J.
The plaintiff sued the defendant before a justice of the peace and declared on a promissory note of which the following is a copy:
“Bast Saginaw, April 22d, 1872.
$200.00. Bor value received I promise to pay Daniel Herbage or bearer the sum of two hundred dollars with ten per cent, interest the 22d day of Ap... | [
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... |
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