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Bashara, J.
Appellant brought a wrongful death action, MCLA 600.2922; MSA 27A.2922, as personal representative for the estate of the deceased, Ernest Papke. A directed verdict was granted in favor of appellee Mrs. Tribbey. The jury returned a verdict in favor of appellee Mr. Tribbey. Appellant seeks review.
On October ... | [
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M. J. Kelly, P. J.
Defendant was found guilty of delivery of heroin on the testimony of one Thomas Cooper, a paid police informant. While appeal was pending in this Court, remand was ordered on motion of the defendant for an evidentiary hearing to "inquire into the existence or nonexistence of promises of leniency give... | [
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McGregor, P. J.
Defendant, Raymond Gallagher, was convicted by a jury of the offense of receiving and concealing stolen property (MCLA 750.535; MSA 28.803), and subsequently sentenced to a term of 1 to 5 years in prison. He now appeals as a matter of right.
On June 3, 1973, two Southgate police officers stopped the def... | [
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M. J. Kelly, P. J.
Defendant-appellant was charged with and pled guilty to armed robbery, MCLA 750.529; MSA 28.797. He was sentenced to 20 to 40 years and it is the minimum sentence which is the central issue on this appeal. Defendant claimed he was wrongfully induced to plead guilty to the crime charged by a promise c... | [
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Per Curiam.
Defendant was found guilty of assault with intent to commit murder, MCLA 750.83; MSA 28.278, following a two-day trial in Detroit Recorder’s Court. He appeals his convic tion, arguing that the trial court should have instructed the jury to treat with caution the uncorroborated testimony of an addict-informa... | [
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T. M. Burns, J.
This appeal concerns the accrual of a cause of action for breach of warranty.
Plaintiffs Bernard and Lois Cartmell brought this action to recover for breach of an express warranty. In 1958, plaintiffs purchased a new home from defendant. The home contained a tile roof for which the following lifetime ex... | [
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R. B. Burns, J.
Plaintiff filed suit in Wayne County Circuit Court against the defendants. Defendant Murphy, who is a resident of the State of New York, filed a motion to dismiss the complaint against him for lack of jurisdiction. The trial judge denied his motion and he appealed to this Court by leave. We affirm.
Defe... | [
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Per Curiam.
Defendant was charged with breaking and entering an unoccupied dwelling house with intent to commit larceny therein, contrary to MCLA 750.110; MSA 28.305, and assault with intent to commit murder, contrary to MCLA 750.83; MSA 28.278. He pled guilty on June 28, 1974, to the breaking and entering charge, but ... | [
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D. E. Holbrook, Jr., P. J.
As a result of apparent plea bargaining defendant pled guilty to the offense of unarmed robbery, MCLA 750.530; MSA 28.798. While a plea bargain was placed upon the record it was acknowledged only by the defendant and his counsel; no representative of the prosecuting attorney’s office being pr... | [
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J. H. Gillis, P. J.
In August, 1974, we reversed defendant’s first-degree murder conviction because the trial judge refused to instruct the jury on the possible lesser included offenses of first-degree murder. People v Smith, 55 Mich App 184; 222 NW2d 172 (1974). Subsequent to our decision, the Michigan Supreme Court s... | [
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G. W. Britten, J.
Plaintiff, denied workmen’s compensation benefits by both the hearing referee and the Workmen’s Compensation Appeal Board, asks this Court to rule that he is entitled to compensation for injuries suffered in an automobile accident of August 2, 1970. We decline plaintiff’s invitation to extend an emplo... | [
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Bronson, J.
Plaintiff, Theodore A. Brown, appeals on leave granted from a decision of the Workmen’s Compensation Appeal Board. He specifically challenges the imposition of two statutory limitations on the amount of compensation awarded to him: (1) limiting plaintiff to retroactive benefits dating only two years back fr... | [
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Bashara, J.
Appellants appeal from a summary judgment granted to the appellees in an action to compel the Wayne County Board of Commissioners to provide the necessary funds to enable the Wayne County Sheriff to continue road patrol service.
The appellants are six organized townships and one charter township in Wayne Co... | [
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Per Curiam.
Plaintiffs filed an original and two amended complaints asserting alternative and inconsistent theories and seeking declaratory relief. The trial court granted plaintiffs a declaratory judgment based on one of those theories. Plaintiffs now appeal therefrom.
GCR 1963, 521 provides for declaratory relief. GC... | [
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N. J. Kaufman, J.
This is an appeal by right from an Oakland County Circuit Court judgment for plaintiffs in the amount of $64,800 plus interest and costs. The appeal is brought by the corporate defendants and by the Chernicks, who control the corporate defendants (hereinafter defendants).
Plaintiffs instituted this ac... | [
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Danhof, P. J.
On June 6, 1975, the plaintiff brought the present action against the; defendant city seeking payment for work completed under a contract between the parties. The defendant subsequently moved for an accelerated judgment against the plaintiff, which the trial court granted on July 3, 1975. The plaintiff no... | [
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R. B. Burns, J.
Defendant appeals from a summary judgment in favor of plaintiff requiring the defendant to defend the plaintiff against, and to pay any judgment resulting from, a third-party action brought ancillary to Wilhelm v The Detroit Edison Co, 56 Mich App 116; 224 NW2d 289 (1974).
Wilhelm was a painter who was ... | [
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W. R. Peterson, J.
This is an appeal from a circuit court reversal of a probate court order which terminated parental rights and made Jennifer Sharpe a permanent ward of the court.
Jennifer’s mother, who was then divorced and the mother of four older children, three legitimate and one illegitimate, gave birth to Jennif... | [
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G. R. Deneweth, J.
On December 13, 1973, the defendant was convicted after a jury trial of the crime of manslaughter. On February 4, 1974, a sentence of not less than 3 nor more than 15 years in the state prison was imposed. It appears that the defendant had been married to the decedent and that even after the divorce ... | [
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T. M. Burns, J.
On January 17, 1975, defendant was convicted after a jury trial of unlawfully driving away a motorcycle. MCLA 750.413; MSA 28.645. Defendant was sentenced to two to five years in prison and appeals as of right.
Defendant raises three issues, two of which con cern the trial court’s instructions to the ju... | [
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D. E. Holbrook, J.
Defendants, husband and wife, were convicted of possession of marijuana with intent to deliver. MCLA 335.341(l)(c); MSA 18.1070(41)(l)(c). Defendant Jerry Johnson was sentenced to a prison term of 18 months to 4 years, while defendant Dawn Marie Johnson was sentenced to a term of 13 months to 4 years... | [
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McGregor, J.
Defendant, John Brinson, was found guilty by the trial court, sitting without a jury, of conspiring to obtain money by false pretenses (MCLA 750.157a; MSA 28.354[1]) and of obtaining money by false pretenses (MCLA 750.218; MSA 28.415). He appeals, in propria persona, as a matter of right.
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Danhof, J.
On July 31, 1974, the plaintiff brought the present action seeking an order of superintending control against the defendant board of appeals. In his complaint, the plaintiff alleged he had applied to the defendant board for a variance. He further alleged that after a public hearing on this matter the board d... | [
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Bashara, J.
Defendant was convicted on Juñe 27, 1974 by a jury of assault with intent to commit rape, MCLA 750.85; MSA 28.280, and gross indecency between a male and female, MCLA 750.338b; MSA 28.570(2). He appeals.
In the early morning hours of February 20, 1974 a man gained entrance by ploy to the apartment of the co... | [
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Graves, J.
The defendant Wesley Truesdail appeals from a decree declaring certain grants made at his instance to Eaton to be mortgages, and also finding to be due- and unpaid thereon a large amount and ordering foreclosure. ...
The grants are absolute on their face, but Truesdail holds a defeasance made by Baton and wh... | [
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Campbell, C. J.
We think plaintiff below had no ground of recovery. The accident which happened to him occurred from his being thrown off a foot board on the rear of a tender while backing up. This board was a narrow board which the switchmen were accustomed to get on and off while coupling and uncoupling cars and open... | [
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Graves, J.
Eaton having cashed certain paper made by Truesdail to the amount of $24,000 and being his creditor therefor, Truesdail on January 1st, 1857, took up such paper and gave to Eaton instead his four promissory notes on two years time and carrying semiannual interest at the rate of ten per cent, a year. These no... | [
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Cooley, J.
One Hogan brought replevin to recover from Brock the possession of certain personal property, appraised at something over $3,000. The property was taken on the writ, and delivered to Hogan on his executing and delivering to the officer the statutory replevin bond, in which Lindner, the plaintiff in error, wa... | [
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Campbell, C. J.
Defendant in error in her own right and as assignee of her brother, as heirs at law of Joseph Smith, recovered judgment against Sands for one undivided fifth of certain premises in Manistee county, being lot 1 in section 7, town 21 north of range 16 west, except a parcel held by a third person. Joseph S... | [
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Campbell, C. J.
Danaher having had a claim disal lowed by the commissioners on Captain Ward’s estate, appealed to the Wayne circuit, where it was again disallowed under the finding of a referee. Error is brought to this court on the ground that the facts found do not support the judgment.
The claim is for a balance due... | [
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Graves, J.
This bill was filed to reform and foreclose a mortgage given February 9, 1872, by defendants Conant to complainants to secure a loan of $1,200 running five years with interest at ten per cent, semi-annually. The premises are in the city of Greenville in the county of Montcalm, and the mortgage was written at... | [
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Marston, J.
In April, 1878, Comstock was elected clerk of the Superior Court of Grand Rapids. The county clerk of Kent county, claiming to be ex officio clerk of the Superior Court, protested against Comstock’s being sworn in or recognized as clerk of the court, and the judge of that court refused to administer the oat... | [
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Marston, J.
The bill of complaint in this case was filed for the purpose of foreclosing a mortgage alleged to have been'executed by defendant and delivered to Calvin T. Burnett now deceased.
Calvin T. Burnett during his lifetime resided in Washtenaw county. He was the owner of a tract of land in Livingston county, upon... | [
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Cooley, J.
In December, 1875, Crouse was indebted to the plaintiffs in the sum of $1,131.50, and was also indebted to others beyond his ability to make full payment. Under these circumstances he made to his creditors a proposition for a compromise, the substance of which - was that he should pay fifty per centum of his... | [
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Graves, J.
This action was brought against Estey as surety in the replevin bond given by one Nestle in a suit by the latter against Harmon. In that case the jury returned a general verdict in favor of Harmon, but instead of entering judgment in legal accordance with this finding, the court determined, as we view the re... | [
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Campbell, C. J.
Davis, who lives in Jackson, sued plaintiffs in error for damages sustained by their wrongful delay in failing to sell á consignment of wool until the price had fallen largely after they received it for disposal.
The wool was shipped June 15, 1875, and received by the consignees in Boston June 21. The e... | [
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Cooley, J.
The defendant in error in 1865 effected with the plaintiffs in error an insurance upon his house and household furniture, subject to the payment of such assessments as should be made by the company from year to year to meet losses suffered and expenses incurred. In February, 1875, the house and furniture wer... | [
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Marston, J.
Tbe principal question raised in this case relates to the constitutionality of tbe statute which authorizes probate courts to appoint commissioners to pass upon claims against tbe estates of deceased persons.
It was argued that by tbe constitution all judicial power was exclusively given to tbe courts and p... | [
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Campbell, C. J.
This is a bill filed to obtain an offset of a judgment against Mrs. Elsam upon a judgment subsequently recovered by her against complainants. The judgment against her was in assumpsit for $91.29 damages and $6.75 costs, rendered April 16, 1877. Her judgment was for false imprisonment under that judgment... | [
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Campbell, C. J.
Relators upon an affidavit made in their joint behalf1 as husband and wife obtained a~ certio ran to review the proceedings of respondent in reloeating a certain ditch, whereby they claim damage accrued. The chief grounds of objection related to the absence of any adequate record.
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Graves, J.
Merrick was under-sheriff and received an execution for collection against Mayhue.
It was issued out of the circuit court on an entry of judgment therein in favor of one Thomas Snell and against defendant in .error, and which entry was founded on a transcript made by Samuel T. Cantelon, a justice of the peac... | [
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Graves, J.
The plaintiffs in error acting under authority of the officers of the school district proceeded to remove the school house from the site it had some time occupied, and defendant in error who held the fee simple of the site sued them in trespass. The case was sent to a referee, who found the facts and held as... | [
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Cooley, J.
In June, 1874, Dwight Nims and Ann, his wife, gave to the defendant Vaughn a mortgage on six acres of land platted into city lots in Grand Eapids to secure the payment of $4,400 in two years, with ten per centum interest. The sum named in the mortgage was made up of about $4,000 money loaned and about $400 e... | [
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Gratos, J.
This is a ease made after judgment. The facts were found by a referee who reported adversely to the plaintiff and upon her exception the circuit court overruled the referee in point of law and awarded judgment upon his finding of the facts in favor of the plaintiff for $250. The defendant charges error.
The ... | [
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Marston, J.
Judgment was recovered against Bryant in justice’s court in a suit commenced by attachment, in which case the bond filed had but one surety. Execution was issued upon this judgment returnable “within sixty days,” and certain property levied on by virtue thereof by Hendee, who was a constable.
Bryant replevi... | [
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Marston, J.
We are clearly of opinion that the court erred in withdrawing this case from the consideration of the jury. It is not very important whether we call the transaction between the parties a sale or an exchange, although we think the latter the more correct term. At the time the exchange was made, the parties d... | [
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Campbell, C. J.
Defendants in error sued Pratt to recover a debt due from tbe Michigan Chair Company, which it was claimed he had become liable to pay them. The transaction set out in the declaration was that on the 1st of September, 1875, Lucius B. Kendall, Henry E. Hoyt and Albert Arms were stockholders of the compan... | [
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Marston, J.
A promissory note made by defendant Long, payable to defendant Bennett or order, was, on the date thereof, endorsed by the latter, and on the same day the maker had it discounted at the Citizen’s Isabella County Bank. The note not having been paid at maturity was protested, but too late to charge the defend... | [
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Campbell, C. J.
The controversy in this cause grows out of an execution levy made by Dart on a set of manuscript abstract books which were at the time in the possession of William Woodhouse, the execution debtor, who had transferred them to Lemuel Woodhouse under a transfer which is claimed to have been invalid against... | [
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Cooley, J.
The grievance alleged by the plaintiff in this case is that the defendant took from his possession his crop of wheat, then harvested and in the mow in his barn, and proceeded to thresh the same with an imperfect machine, whereby much of it was wasted, and that he carried away the remainder without leaving su... | [
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Cooley, J.
This is an action to recover a subscription of one thousand dollars made by the defendants to the following paper:
“We, the undersigned, in consideration that the North- . ern Central Michigan Railroad Company shall proceed to the building of said road, hereby agree to pay to said company, — -for which we sh... | [
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Per Curiam.
The allowance for counsel fees is erroneous, because there had been no appearance of counsel. Supreme Court Buie 48. | [
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Campbell, C. J.
Relator was elected judge of probate of Manistee county in November, 1876, and his official term of four years began January 1, 1877. The board of supervisors in October, 1875, fixed the salary of the office at five hundred dollars. On the 18th of April, 1877, they reduced it to four hundred dollars, an... | [
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Per Curiam.
A continuance had been granted in the court below on condition of the payment of costs. The party upon whom cost's had been imposed preferred to waive the continuance rather than pay the costs, but the court held he could not do so, imposed the costs absolutely, and issued execution to enforce the order.
He... | [
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Cooley, J.
Gale filed his bill in this case to remove a cloud upon his title to a parcel of land in Tnghnm county. The defendant Hammond was formerly the owner of the land, and on November 30, 1869, mortgaged the same to Joseph Gale to secure the payment of $1,000. This mortgage was assigned to complainant in 1872 and ... | [
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63,... |
Campbell, G. J.
Bailey being a candidate for Congress on the prohibition ticket, the defendant company published several newspaper articles against him containing some direct charges against his moral character and integrity, and some comments of a very harsh character, all of which were published in connection with th... | [
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Cooley, J.
Beecher, who is proprietor of the Biddle House in the city of Detroit, on the second day of October, 1875, entered into an agreement with Pettee for the taking charge of and furnishing the kitchen and dining room of that house from that time until the thirty-first day of March following. The contract is give... | [
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Campbell, C. J.
Smith sued Bennett for the price of' certain logs. Part of these had belonged to Smith and. were bargained at eight dollars a thousand. The remainder were logs belonging to Smith and Bennett, for which Bennett was to pay the concern seven dollars and fifty cents a thousand. One principal question is whe... | [
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Campbell, C. J.
These proceedings are for the purpose of foreclosing two mortgages and accompanying notes, one dated February 14, 1873, for $3,469, payable at the expiration of five years, with interest annually at ten per cent., and the other dated February 28, 1873, for $1,770, payable in one year, with interest at t... | [
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Campbell, C. J.
This is an action of replevin brought by Leppig, who recovered judgment below against plaintiffs in error. They were in possession of the property in dispute, under a levy made on attachment against one Gustave CM'ist, December 29, 1875.
Leppig claimed to have been in possession in Ms own right. On the ... | [
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Marston, J.
The proofs in this case are not as clear and satisfactory as we could wish. We are of opinion that at the time complainant deeded his land to defendant William and took back a life lease, it was understood and agreed that complainant should have a home with and be supported by the grantee. In the absence of... | [
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Graves, J.
The parties were on a race course engaged in trotting horses before sulkies, and the horse and sulky employed by Mizner ran against the sulky occupied by Erazier and injured him and the horse and broke the sulky. He sued in trespass and obtained a verdict, and error is charged against some of the proceedings... | [
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M. J. Kelly, J.
This case involves the interpretation of the Michigan no-fault insurance statute of limitations provision, MCL 500.3145(1); MSA 24.13145(1). Defendants argue that Richards v American Fellowship Mutual Ins Co, 84 Mich App 629; 270 NW2d 670 (1978), lv den 406 Mich 862 (1979), was wrongly decided. Plaintif... | [
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Bashara, J.
Plaintiffs sought recovery of damages incurred as the result of defendants’ alleged medical malpractice. During the first week of trial, defendant Detroit-Macomb Hospitals Association settled with plaintiffs. Subsequently, the jury returned a verdict of no cause of action as to the remaining defendants. Pla... | [
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Per Curiam.
Defendant appeals as of right his jury conviction and sentence for unarmed robbery, contrary to MCL 750.530; MSA 20.798, and breaking and entering with intent to commit the crime of larceny, contrary to MCL 750.110; MSA 28.305. Defendant was sentenced to concurrent terms of 10 to 15 years.
Defendant broke i... | [
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Danhof, C.J.
Plaintiffs appeal as of right from the circuit court’s decision finding no cause of action as to their claims against defendants Holloway Sand and Gravel, Inc., and its president, Daniel Holloway (henceforth referred to collectively as Holloway). The appeal followed the trial court’s denial of plaintiffs’ ... | [
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N. J. Kaufman, J.
Defendants were charged with conspiracy to steal property over the value of $100, MCL 750.356; MSA 28.588, MCL 750.157a; MSA 28.354(1), stealing property over the value of $100, MCL 750.356; MSA 28.588, conspiracy to receive or conceal stolen property, MCL 750.535; MSA 28.803, MCL 750.157a; MSA 28.354... | [
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M. J. Kelly, J.
Intervening defendant-appellant appeals from an opinion and order entered on May 9, 1980, by Wayne County Circuit Court Judge Thomas J. Brennan, denying a motion for an order of reimbursement of all sums of money paid by intervening defendant to plaintiffs.
Plaintiffs received a jury verdict against def... | [
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Per Curiam.
On May 7, 1980, summary judgment was entered in favor of plaintiff, Charter Township of Delta, against defendants, Dinolfo, et al., by the Eaton County Circuit Court. The summary judgment upheld the constitutionality of the township’s low density residential district zoning ordinance. Defendants appeal as o... | [
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Per Curiam.
This decedent’s estate was closed on February 10, 1977. On October 9, 1979, appellant filed a petition to reopen the estate and to have a successor fiduciary appointed for the purpose of filing a claim. On May 12, 1980, the probate court entered an order denying the petition to reopen the estate and appoint... | [
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D. F. Walsh, J.
This appeal involves two cases which have been consolidated. On April 19, 1979, Stablex Corporation moved to compel the Township of Groveland (hereinafter township) to comply with a consent judgment that was entered on December 20, 1978. Stablex Corporation also sought to enjoin the township from interf... | [
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M. F. Cavanagh, J.
Defendant was convicted by a jury of two counts of armed robbery, MCL 750.529; MSA 28.797, one count of criminal sexual conduct in the first degree, MCL 750.520(b); MSA 28.788(2), and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). He was sentenced to a term of... | [
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Per Curiam.
The judgment of divorce entered in 1969 between the parties hereto awarded defendant custody of the two minor children and required plaintiff to pay child support in the amount of "$20.00 per week per child * * * until said children have attained the age of 18 years, or until the further order of the court”... | [
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On Rehearing.
Clark, J.
The opinion in this ease appears in 241 Mich. 413. This court, after rule time, and on its own motion, ordered a rehearing, and invited Hon. Henry C. Walters of the Detroit bar to brief and to argue orally as friend' of the court the question presented. He filed an excellent brief, and made a we... | [
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Bird, J.
Plaintiff is a lumber dealer and has its office in the city of Grand Rapids. On November 4, 1918, it delivered to the defendant Manistee & Northeastern Railroad Company, at Interlochen, two cars of maple lumber consigned to the Merrimac Wood Heel Company at Haverhill, Massachusetts. The cars were to go via Whi... | [
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Clark, J.
Plaintiff is a Nebraska corporation. Following the filing of its declaration defendant moved to dismiss on the ground that plaintiff had not procured from the secretary of State a certificate of authority to carry on its business in the State of Michigan as required by statute. See Act No. 84, Pub. Acts 1921 ... | [
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Per Curiam.
Plaintiff appeals as of right from the order of summary disposition, MCR 2.116(C)(10), entered by the Berrien Circuit Court for lack of a genuine issue as to any material fact such that defendant is entitled to judgment as a matter of law. We affirm.
This appeal concerns the enforceability of a covenant not... | [
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Per Curiam.
Plaintiffs appeal as of right from a circuit court order granting accelerated judgment in favor of defendant E & E Engineering, Inc., and summary judgment in favor of third-party defendant Roumell Catering Company, Inc. We affirm.
This action arises from an April 30, 1981, automobile collision in which a ve... | [
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Archer, J.
At issue is whether the plaintiff, Pi-Con, Inc., who furnished materials and services to a subcontractor on a public works project, may recover money owed for those materials and services under the provisions of a public works payment bond, where the notice of furnishing materials and services was sent to de... | [
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Per Curiam.
On November 18, 1985, defendant pled guilty to two charges of third-degree criminal sexual conduct and one charge of second-degree esc. He received concurrent sentences of from five to fifteen years in prison for each conviction.
On appeal, defendant raises two sentencing issues. First, defendant argues tha... | [
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M. J. Kelly, P. J.
Following a bench trial, defendant was convicted of two counts of first-degree criminal sexual conduct, MCL 750.520b(1)(e); MSA 28.788(2)(1)(e). He was sentenced to two concurrent prison terms of from forty to eighty years and now appeals from both his convictions and sentences as of right. We affirm... | [
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Per Curiam.
In a bench trial in Detroit Recorder’s Court, defendant was found guilty of felonious assault by means of a shotgun as a result of an incident on March 23, 1984. The complainant went to his brother’s house with a wrecker to tow a disabled car away and, after he crawled out from under the car and was hooking... | [
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Per Curiam.
On January 4, 1985, defendant entered a plea of guilty to a charge of felonious driving, MCL 752.191; MSA 28.661. At the plea-taking proceeding he stated that he fled when police either stopped him or attempted to stop him; that he "drove crazily,” reaching speeds of one hundred miles per hour and going thr... | [
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... |
D. F. Walsh, J.
Capitol City Lodge No. 141, Fraternal Order of Police, Non-Supervisory Division (the union) represents a collective bargaining unit which includes Ingham County jail security officers. When contract negotiations between the union and the Ingham County Board of Commissioners and the Ingham County Sheriff... | [
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1... |
R. B. Burns, P.J.
Defendant appeals following his January 17, 1985, plea-based conviction for second-degree murder. MCL 750.317; MSA 28.549. He was sentenced to serve from forty to sixty years. He now appeals and we affirm.
Defendant first requests us to determine whether he will be eligible for parole after serving te... | [
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88,... |
Per Curiam.
Defendant was charged with kidnapping and appeals as of right from a jury trial conviction for attempted kidnapping, MCL 750.349; MSA 28.581 and MCL 750.92; MSA 28.287. Defendant was sentenced to from three to five years in prison. This appeal of his conviction and sentence raises six issues.
Defendant firs... | [
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Per Curiam.
Defendant pled guilty to delivery of cocaine, MCL 333.7401(2)(a); MSA 14.15(7401)(2)(a), possession with intent to deliver cocaine, MCL 333.7401(2)(a); MSA 14.15(7401)(2)(a), two counts of assault with intent to murder, MCL 750.83; MSA 28.278, and felony-firearm, MCL 750.227b; MSA 28.424(2). Defendant was s... | [
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Per Curiam.
Plaintiff appeals as of right from a July 8, 1985, order granting summary disposition and a July 17, 1985, order dismissing this negligent misrepresentation action. The trial court granted summary disposition based on plaintiffs failure to state a claim for which relief can be granted and/or the absence of ... | [
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Per Curiam.
On September 30, 1983, defendant pled guilty to attempted forgery, MCL 750.248; MSA 28.445, MCL 750.92; MSA 28.287, and larceny from a building, MCL 750.360; MSA 28.592. In exchange the prosecutor agreed to dismiss one additional charge, as well as an habitual offender information. The prosecutor also agree... | [
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Sullivan, P.J.
Defendant was convicted by a jury of resisting a police officer, MCL 750.479; MSA 28.747. He was sentenced to serve 365 days in jail, with credit given for fifty-three days already served. Defendant appeals as of right, raising a number of allegations of error, none of which require reversal.
On July 12,... | [
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Per Curiam.
Plaintiffs Ralph E. Eley and Amelia Eley sued for damages for injuries and loss of consortium, respectively, arising out of an accident in which a taxicab, owned by defendant Sanchil, Inc., and driven by defendant Turner, struck the rear of plaintiff Ralph Eley’s vehicle. Defendants admitted fault but conte... | [
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Per Curiam.
Plaintiff Barbara Hill, as personal representative of the estate of Marcellus Moton, brought this wrongful death action against defendants in Saginaw Circuit Court. Plaintiffs second amended complaint contained counts of gross negligence (Count i), violation of 42 USC 1983 (Count n), and loss of consortium ... | [
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48,
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1... |
Per Curiam.
Plaintiffs appeal as of right orders of the Ingham Circuit Court issued October 1, 1984, Honorable Jack W. Warren presiding, affirming the Public Service Commission’s decision to structure The Detroit Edison Company’s tariffs so as to include multiple dwellings with three or more units serviced by a master ... | [
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Per Curiam.
Plaintiff appeals as of right from a Wayne Circuit Court order granting defendant’s motion to dismiss on the grounds of forum non conveniens. We reverse. The facts of this case are on all fours with those in Cray v General Motors Corp, 389 Mich 382; 207 NW2d 393 (1973), where the Supreme Court affirmed a lo... | [
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Per Curiam.
The Board of Education of the Royal Oak School District (hereafter respondent) appeals from an order of the circuit court which reversed the State Tenure Commission’s affirmance of the respondent’s discharge of Margaret Perron (hereafter petitioner).
Respondent claims that the trial court erred (1) because ... | [
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Per Curiam.
Following a jury trial, defendant was found guilty of assault with intent to commit great bodily harm less than murder, MCL 750.84; MSA 28.279, felonious assault, MCL 750.82; MSA 28.277, two counts of failure to stop at the scene of a personal injury accident, MCL 257.619; MSA 9.2319, and one count of felon... | [
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Per Curiam.
Defendant appeals by leave granted from the denial of its motion for summary judgment in this employment termination case.
Plaintiff was employed by defendant in April, 1977, as Vice President/Loan Officer. His performance was regularly evaluated as satisfactory and he was annually reappointed by defendant’... | [
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Per Curiam.
Plaintiffs appeal as of right from a circuit court order denying their motion for leave to appeal from an order of the Commissioner of Insurance and from an order granting defendant’s motion for summary judgment pursuant to GCR 1963, 117.2(1).
F. W. Grotenhuis Underwriters, Inc. is a Michigan corporation li... | [
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Per Curiam.
The issue in this appeal concerns whether a parent of a negligently injured child should be permitted to recover damages against the negligent actor for the loss of society, protection and companionship of the minor child. The trial court ruled that Michigan law does not recognize a cause of action in the p... | [
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R. L. Tahvonen, J.
On December 29, 1983, Michigan Bell Telephone Company filed, with appellee Michigan Public Service Commission, a request for authority to issue securities. The request was on behalf of a then unformed, wholly owned subsid iary which became appellant Michigan Bell Communications, Inc. (mbci) when form... | [
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... |
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