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Lesinski, C. J.
This is an appeal from summary and accelerated judgments granted to defendant, Mayflower Congregational Church, hy the Wayne county circuit court.
The action arose following a merger of the Evangelical and Reformed Churches and the Congregational Christian Churches into a new church, the United Church o... | [
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Lesinski, C. J.
On August 20, 1959, plaintiffs, landlords, entered into a written 20-year lease with defendant, tenant, Great Lakes Bowling Corporation. The lease provided in relevant part that the landlords would erect on the demised premises a building sufficient to house a 64-lane bowling establishment and a parking... | [
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Fitzgerald, J.
Philco Corporation made arrangements to purchase sophisticated electronic equip ment from Apex Computer Products Co. of California. The equipment included certain “memory cores” which are extremely intricate units of electrical apparatus and are valued at about $140,000 each. Because of their unique comp... | [
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J. H. Gillis, P. J.
Plaintiff was injured and his automobile was damaged when it was struck from the rear by an automobile owned by defendant Marie. Davis and operated by her nephew, Donnis Butcher. At the time of the accident, defendant Butcher’s policy of automobile insurance on his own car written by State Farm Mutu... | [
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Lesinski, C. J.
Defendant Ozzie Jefferson was found guilty by jury verdict of murder in the second degree contrary to CL 1948, § 750.317 (Stat Ann 1954 Rev § 28.549), and appeals.
He first contends that the jury verdict should be reversed as contrary to the weight of the evidence. Specifically, defendant asserts that t... | [
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Per Curiam.
Defendant Edgar Milton Craig was convicted of murder in the first degree by a jury in Recorder’s Court of Detroit on July 26, 1968. CL 1948, § 750.316 (Stat Ann 1954 Rev § 28.548). On appeal he raises three issues, two objecting to instructions and the third claiming error because the court accepted a peopl... | [
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J. H. Gillis, P. J.
The defendant was convicted of armed robbery MOLA § 750.529 (Stat Ann 1969 Hum Supp § 28.797) in a jury trial. On appeal, defendant contends that the trial court committed reversible error in its charge to the jury and, further, that the trial court denied the defendant a fair trial by displaying it... | [
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PER CURIAM.
Respondent mother appeals as of right the trial court’s order terminating her parental rights to the minor children, SL and CJ, under MCL 712A.19b(3)(c)(i) (conditions leading to adjudication continue to exist), (c)(¿¿) (other conditions implicating jurisdiction exist and were not rectified), (g) (failure t... | [
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Sharpe, J.
The plaintiff suffered a somewhat severe cut on the back of his left wrist on January 22, 1923, while in the employ of the defendant. It was thus described by the nurse who rendered him first aid:
“It was an inch or inch and a quarter long, I think, and it was not deep, not straight down, it was rather slant... | [
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Clark, C. J.
Plaintiff purchased on February 1, 1923, the Shepard building in Grand Rapids from Shepard, the owner. Rowlette was Shepard’s agent in charge of the building before the sale. A list of tenants holding under written leases, and another list of those holding under verbal leases from month to month were given... | [
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WlEST, J.
The will of Mary C. Kempf, deceased, upon contest certified to the circuit court (3 Comp. Laws 1915, § 14145), was admitted to probate by jury verdict and judgment thereon March 20, 1924. Contestant's motion for a new trial was denied July 24, 1924. Time in which to settle a bill of exceptions has been extend... | [
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McDonald, J.
The purpose of this action is to recover for services rendered under a contract for the hauling of stone and for street excavation. In 1923, the defendants, who are paving contractors, had a contract for the construction of three and one-half miles of pavement in the city of Holland, Michigan. They made tw... | [
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Sharpe, J.
Plaintiffs are husband and wife. They reside upon' a farm in Huron county. Defendant is a corporation, organized in the State of Delaware. Its business operations in this State are conducted in the city of Saginaw. Its board of directors consists of prominent business and professional men living in that city... | [
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Sharpe, J.
Plaintiff signed the following memorandum :
“Offer To Purchase.
“Detroit, Mich., Nov. 13, 1920.
“I hereby agree to purchase through Raven & Harkness, agent for the owner, the following described property:
“10 family brick apartment Bldg, located at 107 & 109 Leicester Court, Detroit, Mich.
(present rentals $... | [
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Wiest, J.
Defendant conducted a real estate agency at Albion and had been requested by one Arthur Ball during his lifetime and, after his death, by Rose Ball, administratrix of the estate, to find a purchaser for certain land. As such agent defendant had certain negotiations with plaintiffs and on March 25, 1935, gave ... | [
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North, J.
Plaintiff is the widow of Littleton Kirkpatrick, deceased. She and four children by a former marriage survive him. He made no provision in his will for his widow or any immediate member of his family; but instead made Myrtice M. Nolan his sole beneficiary. Plaintiff elected to take under the statute of distri... | [
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Sharpe, J.
Plaintiff, as vendor, filed its bill of complaint August 15, 1938, for specific performance of a land contract or foreclosure and deficiency judgment against defendants. A decree was entered in favor of plaintiff for tbe sum of $4,063.38. Defendants appeal.
The facts are as follows: On July 19,1926, plaintif... | [
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Potter, J.
Plaintiff, claiming to have been injured by .falling in the balcony of defendant’s moving picture theater, sued to recover damages therefor. There was verdict for plaintiff, and defendant appeals.
The accident occurred June 21,1938, shortly after 7:30 o’clock in the evening. Plaintiff and her companion went ... | [
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Wiest, J.
Plaintiff was a guest passenger in defendant’s automobile at about 1:15 o’clock in the morning of July 11, 1937, and claims that, as defendant was driving east on Thirteen Mile road in Oakland county at a high rate of speed, he repeatedly disregarded stop and red light regulation signals at highway intersecti... | [
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Potter, J.
Act No. 122, Pub. Acts 1939 (Comp. Laws Supp. 1940, § 6780-21 et seq., Stat. Ann. § 14.629[1] et seq.), known as the “State Dental Act,” was passed by the 1939 session of the legislature and approved by the governor May 19, 1939. The act sets forth certain minimum requirements for the practice of dentistry a... | [
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Chandler, C. J.
Plaintiff, Wilhelmina Longfellow, instituted her action against the defendant to recover damages for injuries received while riding on one of defendant’s buses on Grand River avenue in the city of Detroit. Her action was consolidated with one brought by plaintiff, Albert Longfellow, her husband, to reco... | [
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Butzel, J.
Defendant agreed in a written contract to pay plaintiff $7,500 to do certain lathing and plastering in accordance with plans and specifications to the satisfaction of defendant and the architect. Extras amounting to $300 were ordered in writing by defendant. It is conceded that extras costing $35 were also a... | [
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North, J.
{dissenting). On the 5th of June, 1940, the auditor general of the State of Michigan filed a petition in the circuit court of Bay county by which the relief sought was an order subjecting the estate of Roman Olezniczak to payment to the State or reimbursement for the expense incurred incident to the maintenan... | [
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Boyles, J.
Defendant appeals from a conviction and sentence for the crime of rape, having been informed against .under section 520 of the penal code, Act No. 328, Pub. Acts 1931 (Comp. Laws Supp. 1940, § 17115-520, Stat. Ann. § 28.788). Trial was by jury in the recorder’s court for the city of Detroit and appellant rel... | [
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Butzel, J.
Lonis Beller was convicted of conspiring with Annie Warheit to murder Mrs. Beller. Beller was a successful wholesale poultry merchant in the city of Detroit. He conducted his business at a store owned by himself and his wife near the eastern market. Mrs. Beller worked with him whenever she felt able, absenti... | [
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Btjtzel, J.
This is an appeal on one record from a judgment rendered in a suit in assumpsit on a promissory note instituted by Helen Jaffe against Steelcraft Piston Ring Sales, Inc., M. H. Sobel and'E. J. Brock, and from a decree rendered on a bill in chancery for the reformation of a contract and for other relief by S... | [
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Starr, J.
Plaintiffs appeal from a decree entered November 1, 1941, dismissing their petition to have defendants adjudged guilty of contempt for violation of decree dated January 25, 1941, and entered January 27, 1941.
In 1936 the electors of the village of Constantine, at a special election called for that purpose, vo... | [
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Bushnell, C. J.
This is an appeal by defendant from a judgment for restitution of the premises entered by the circuit court on appeal from a like judgment entered by a circuit court commissioner.
Plaintiff served defendant with a notice on September 12,1939, to terminate its tenancy and filed a complaint in writing wit... | [
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Sharpe, J.
For some time prior to the month of March, 1929, the plaintiff was engaged in the restaurant business in the village of Plymouth, across the street from the Mayflower Hotel, owned and operated by the defendant company. On the 25th day of that month a written agreement was executed by the parties, whereby the... | [
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Butzel, J.
On July 22,1930, the Union Guardian Trust Company filed a bill of complaint against Glendon A. Richards, Charles E. Norton, the Commercial Realty Company, and Julius Berman. The latter is the sole appellant herein and will be referred to as the defendant. The bill alleged that plaintiff, formerly known as th... | [
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Wiest, J.
May 5,1926, Harold McNinch and Gertrude McNinch, his wife, mortgaged certain premises to the Highland Park State Bank for $2,700, to be paid in three years. December 14, 1929,. with the mortgage upon the premises, the McNinches sold the premises to Vinco Urban, under land contract, calling for a down payment ... | [
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Potter, J.
Plaintiffs, beneficiaries under two trusts created by John Kelsey, deceased, filed their bill of complaint against defendants for their removal as trustee, disclosure of assets, injunction against Harry J. Fox, conservator, and to compel defendants to turn over to a trustee to be appointed the assets of the ... | [
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Wiest, J.
Winifred Sunday, six years of age, was with, her mother in the home kitchen when the mother poured oil into the cook stove from a kerosene can. The kerosene can exploded and both mother and daughter died from burns within a few hours. This action was brought, in behalf of the estate of the little girl, agains... | [
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Retaxation of Costs.
Per Curiam.
This is appeal from taxation of costs by the clerk. The item objected to is the premium for five years on a surety bond of $20,000 given by defendant to release garnishments and which was taxed in favor of defendant under Court Rule No. 5, § 7 (1933), on the ground that the sums impound... | [
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Fead, J.
Plaintiff had judgment for negligent injuries. The question is whether the court erred in submitting to the jury the issue of subsequent negligence.
Plaintiff was riding east on Grand River avenue in Detroit as a guest in an automobile driven by Roy Olde. The traffic was heavy. When about 150 feet west of the ... | [
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Butzel, J.
Plaintiffs H. L. Fahrney and Grace C. Cowen are the owners of property in the city of Boyal Oak, Oakland county, Michigan. Plaintiff School District of the city of Boyal Oak, Oakland county, Michigan, a municipal corporation, is interested in maintaining its public schools and the collection of taxes levied ... | [
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Fead, J.
This is review of judgment dismissing a declaration for failure to state a cause of action against defendant Eding.
The declaration alleges in substance that Eding operates an automobile sales and service garage, in which Harvey Zeerip was manager and Harry Brower was an employee; that defendant Yredeveld deli... | [
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North, J.
Acting under 2 Comp. Laws 1929, §§ 9710-9716, defendants organized an unincorporated association and conducted a private banking business. After operating eight or nine years the bank became insolvent. September 27, 1930, plaintiff, on petition of a majority of association’s trustees, was appointed receiver. ... | [
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North, J.
In this replevin suit tried before the court without a jury defendant Roper had judgment. Plaintiff, asserting that it is entitled to judgment under the record, has appealed.
Plaintiff claims the right to possession of the replevined goods under a chattel mortgage given to it by defendant Moss, an insurance a... | [
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North, C. J.
This is a suit in ejectment which has been before this court on a former occasion. Jeffries v. Sheehan, 242 Mich. 167. Plaintiff claims to have acquired title to the strip of land in dispute by acquiescence and agreement incident to an alleged settlement of a boundary line. The defendants had judgment on a... | [
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North, C. J.
The plaintiff, Edna Wehling, was injured while riding in a motor vehicle operated by her husband and going in an easterly direction on Court street in the city of Flint. As they approached the intersection at Liberty street they saw a Ford truck about 100 feet distant in a southerly direction and which was... | [
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Wiest, J.
In August, 1928, W. E. Wood Company-operated under the workmen’s compensation law, and, by its clerk, reported that a compensable accident had happened to Jacob Aske, one- of its employees. Mr. Aske applied for compensation and defendants appeared and denied liability, claiming’ plaintiff sustained no acciden... | [
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Wiest, J.
The bill herein was filed to have money on deposit in a bank impressed with a trust or held as a gift inter vivos in payment of a claim of plaintiff for care and board furnished the depositor, now deceased, and whose estate is in course of probate under will in the-State of New York. Plaintiff claims that for... | [
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Wiest, J.
Plaintiffs, husband and wife, were vendees in a land contract and in default in payments. Defendant, vendor, prepared two identical notices of forfeiture for nonpayment of. instalments and inclosed the same in a registered letter to Morris Sriro, one of the vendees, then brought summary proceedings against Mo... | [
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North, J.
Upon careful consideration of the briefs filed on this rehearing by the respective parties, no reason appears for modifying our former decision. 261 Mich. 188. At the original hearing all parties agreed the purpose of this whole transaction was to give plaintiff a “mortgage” as security incident to a loan whi... | [
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Sharpe, J.
On July 14,1925, the plaintiff entered into a contract with the defendants to purchase from them 80 acres of land in the township of Browns-town, in Wayne county. Through mutual mistake, the land was described as being in section 4 instead of in section 9. The agreed purchase price was $67,040, of which $1,2... | [
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Clark, J.
Defendant reviews on error judgment upon conviction of possession of intoxicating liquor.
The question presented is whether defendant’s constitutional right to be secure against unreason able searches and seizures was violated by the officers in procuring the evidence on which the conviction is based.
A house... | [
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Potter, J.
Petitioner asks mandamus to compel circuit judge Fred S. Lamb, acting in the Wayne circuit court, to settle a bill of. exceptions. February 26, 1929, judgment was ordered by Judge Lamb for plaintiff for $6,324.04 in the case of Hovey v. Wark-Gilbert Company. The next day demand for findings of fact and concl... | [
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Sharpe, J.
(dissenting). The proponent filed the will of Mary A. Reid in the probate court for the county of Wayne on the 28th day of January, 1926, accompanied by a petition praying that it be ad mitted to probate. Tbe hearing was set for April 7th. On April 5th, the contestant, by her attorneys, filed a notice statin... | [
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Sharpe, J.
On May 5, 1923, the plaintiff executed a written lease to the defendant of the second floor of a building, then in the course of construction, at an agreed rental of $18,000 for a 5-year term, payable monthly in advance. It was agreed that it should become operative when the building was completed and ready ... | [
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Clark, C. J.
Michele Poma, the plaintiff, sued defendant bank for a deposit evidenced by savings passbook. The defense is that at the suit of Associates Investment Company, a corporation, as plaintiff, against Poma, in which such plaintiff had judgment, defendant was garnishee of Poma and disclosed the indebtedness to ... | [
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McDonald, J.
The defendant has appealed from a judgment of conviction on a charge of embezzlement. At the time the offense is alleged to have been committed, he was president and general manager of the Marx Brewing Company, a Michigan corporation. As such he received a stipulated salary. By resolution of the board of d... | [
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Butzel, J.
Plaintiff Refrigerating Equipment Company, a Delaware corporation, brought suit on three notes amounting with interest to $1,464.35, given to it by defendant W. Gr. Finch, one of its salesmen. His compensation was $500 per month, and, in addition, he was to receive under a stock bonus agreement 1,000 shares ... | [
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North, J.
Plaintiff, a corporation operating flour and feed mills at Grand Rapids, brought suit against defendant, a retail dealer in flour and feed, for $2,092.93 alleged by plaintiff to be due as balance on account. Under the plea of general issue, defendant gave notice of overpayment on his account in the sum of $22... | [
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Carr, J.
Plaintiff herein is a Michigan corporation organized in 1949 and having among its corporate purposes the purchasing, selling and leasing of real estate for the corporation’s use, and the exhibiting and racing of horses. It owns a track located in the city of Hazel Park, Oakland county, on which it conducted ra... | [
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Dethmers, C. J.
This matter was assigned to the late Chief Justice North, who, due to ensuing illness, was . unable to complete an opinion. It is an appeal by defendant, on leave granted, from an order of the circuit court granting plaintiff’s motion for ■discovery and for a temporary injunction restraining defendant f... | [
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Bushnell, J.
Joseph Petrak, administrator of the estate of Thomas Petrak, deceased, brought suit against Cooke Contracting Company, claiming that the death of his son, Thomas, was caused by the “wilful, malicious, intentional, wrongful, and negligent actions” of the Cooke company. For some months prior to the death of ... | [
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Reid, C. J.
This is an appeal from a judgment in favor of plaintiff in an action of replevin. Issue was joined on a declaration and on the answer of the interpleaded defendant, National Acceptance Company of Chicago, the original defendants Leonard M. Rozner and L. M. Rozner Manufacturing Company, a Michigan corporatio... | [
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Butzel, J.
Martin Popielarski and Marie Popielarski, his wife, brought suit against Edward Jacobson and Mollie Jacobson, his wife, and Raymond Schreiber, Nathan Schreiber, Forest Miller and Leonard Badgley, claiming that they had conspired to induce plaintiffs by false representations to buy the Forest theater, a movin... | [
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Butzel, J.
Stanley Chlebek and Thaddeus :Chlebek, plaintiffs, in.a bill of complaint against Valentine Mikrut and Sophie Mikrut, his wife, defendants, allege that they are sons of Sophie Mikrut and stepsons of Valentine Mikrut; that in the latter part of February, 1941, defendants' expressed .their désire to buy a hous... | [
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Adams, J.
This is an action in chancery brought in the circuit court of St. Clair county in which the plaintiff and appellant seeks to restrain the Michigan liquor control commission, defendant, from issuing a class “A” hotel license to the Algonquin Hotel located in the city of Port Huron, Michigan.
The plaintiff is a... | [
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Reid, J.
Plaintiff, as executor of the will of deceased testatrix, and also as legatee named in the will, filed this bill to obtain a construction of a clause of the will containing inconsistent provisions. From a decree construing the will as claimed by the plaintiff, defendants appeal.
The portion of the will in disp... | [
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Bushnell, J.
Plaintiff Denver C. Lynch was an employee of defendant Briggs Manufacturing Company. He is about 59 years of age and a steam fitter by trade. While so employed by Briggs he sustained a compensable injury oh March 26, 1946, when an 800-pound washbowl fell against him and fractured his left knee. He was hosp... | [
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Dethmers, C. J.
Plaintiffs are owners of lots fronting on White lake in Muskegon county. The lake is a navigable body of water into which White river flows, and has an outlet through a channel into Lake Michigan. Defendant owns and operates a 25-by-40-foot floating raft called “The Ark” off the shore of plaintiffs’ lot... | [
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Dethmers, C. J.
John H. Wandel, deceased, was, in his lifetime, the owner of a 197-acre farm, the subject of this litigation. Defendants are husband and wife, the husband and both plaintiffs being the sons and sole heirs at law of deceased. In June of 1946, deceased conveyed the farm to defendants. Validity of that con... | [
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jR.gid, J.
This action was brought in chancery by 2- school districts to enjoin defendants from taking further action to transfer property from the. 2 plaintiff districts to the defendant Brighton Area school district in a proceeding for alteration of boundaries of school districts, which proceeding is claimed to be vo... | [
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Edward M. Sharpe, J.
These cases were consolidated and seek by a bill in aid of execution to set aside as in fraud of creditors a deed given by defendant Constance Sauer to defendant Gerald H. Thompson, trustee.
Plaintiffs in the bank case are vendors in a land contract in which defendant Constance Sauer is the vendee.... | [
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Boyles, C. J.
This is a second appeal after this Court had vacated a judgment for the defendants on a directed verdict and granted plaintiff a new trial. Rumbos v. Singos, 326 Mich 654.
On the record before us on the first appeal the plaintiff’s declaration had joined claims of fraud, duress, and lack of consideration ... | [
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North, J.
By their bill of complaint plaintiffs seek a decree construing the fifth paragraph of the will of Philip T. Colgrove, deceased. Defendant’s motion to dismiss was granted. Plaintiffs, as executor and executrix of the will of Lawrence E. Col-grove, have appealed.
Under plaintiffs’ contention in the instant case... | [
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Butzel, J.
In May, 1924, Willis McDonald suffered an incomplete fracture of a bone in his left foot, and damages to his left leg and side, while employed by the Ford Motor Company at Iron Mountain, Michigan. He was awarded compensation and signed a settlement receipt for $44.33. In June, 1929, he filed a petition with ... | [
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Butzel, J.
Proceedings to widen Woodward avenue in the city of Detroit to the width of 120 feet as authorized by the common council on July 12, 1927, were begun in the recorder’s court the latter part of the following year. The property sought to be acquired for the project included the easterly 20 feet of the land and... | [
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Caer, J.
Plaintiff sustained personal injuries in a traffic accident occurring in the city of Detroit on the 18th of May, 1946, between 10 -.30 and 11 o’clock in the evening. At the time of the accident plaintiff, a young woman 18 years of age, was riding as a guest passenger on the rear seat of a motorcycle operated i... | [
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Reid, J.
These two cases were separately begun to recover moneys paid for stock sold in violation of the Michigan blue-sky law. The pleadings are separate but the two cases were consolidated for purposes of trial and are submitted together on appeal. In the Veenstra case, the jury rendered a verdict for plaintiff in th... | [
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Fead, J.
This is certiorari to review an award of the department of labor and industry granting plaintiff specific compensation for 100 weeks for loss of an eye. The question is whether the claim is barred by the statute of limitations, 2 Comp. Laws 1929, § 8431, which provides that claim for compen sation shall be mad... | [
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North, J.
In a suit for accounting in the circuit court of Kent county in chancery, George Fraam .had decree for $9,753.48 and taxable costs against Harry Melconian. Melconian appealed to this court and secured a reduction in the amount of the- decree against him to $2,800 and accrued interest. Melconian v. Fraam, 265 ... | [
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Carr, J.
Plaintiffs brought suit in circuit court to have a deed construed as a mortgage, asking also for an accounting and other incidental relief with reference thereto. The facts are not in dispute. In 1919, plaintiffs, who are husband and wife, purchased a farm in Salem township, Washtenaw county. At the time, they... | [
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Fead, J.
Contestant reviews judgment, on direction of verdict, allowing the will of his mother, Nettie Townley, against his claims of (a) her mental incompetency, (b) undue influence of his brother Neal, and (c) her insane delusions.
Montgomery and Nettie Townley, first cousins, were married in Arkansas, where their th... | [
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Butzel, J.
The Michigan National Bank, Charles Raymond Viele and Plattie E. Trankla were testamentary trustees under the will of Charles Trankla, who died in July, 1930, leaving a sizable estate. A vacancy in the trusteeship occurred upon the death of Hattie E. Trankla on January 30,1947, whereupon the two surviving tr... | [
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Nelson Sharpe, C. J.
On May 25,1932, the plaintiff took judgment, in the absence of defendants, for $15,000 on a charge of malicious prosecution and false imprisonment. A motion, filed by the defendants on July 25th to vacate the judgment and grant a new trial, was denied on October 8, 1932. On J anuary 16,1934, there ... | [
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Dethmers, J.
Plaintiff filed a petition for condemnation of certain of defendants’ lands. A jury made a finding of public necessity and awarded damages. The jury’s award was confirmed and judgment entered thereon, which, on appeal by defendants, this Court affirmed. Department of Conservation v. Connor, 316 Mich. 565.
... | [
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Boyles, J.
Plaintiff appeals from an order of the compensation commission denying him compensation under part 2 of the workmen’s compensation act. He claims that he sustained a personal injury while working for the defendant company, and that it arose out of and in the course of his employment. The facts are readily ob... | [
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Carr, J.
Defendants herein have appealed, on leave granted, from an order of the trial court denying a motion to dismiss the bill of complaint. Said motion was based on the claim that the plaintiff had an adequate remedy at law and that in consequence his bill of complaint did not set forth a cause of action for equita... | [
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Reid, J.
Plaintiff appeals from an order amending a decree of divorce, said order taking custody of James Joseph Kehoe, the youngest son of the parties, from plaintiff and giving the custody to defendant.
The original decree filed March 8,1946, gave plaintiff a decree of divorce on ground of extreme cruelty and awarded... | [
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Butzel, J.
In many respects, the questions of law and fact involved herein are very similar to those presented in Re Snow’s Estate, 319 Mich. 333. To avoid repetition, we refer to that opinion for many of the facts as to how decedent, physically handicapped and afflicted with Parkinson’s disease, came to and was cared ... | [
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Butzel, J.
Defendants were convicted of grand larceny. The information contained a count charging breaking and entering a certain store building at Three Rivers, Michigan, with intent to commit a felony and larceny therein, “and did steal, take and carry away” a large quantity of clothing of the value of more than $50,... | [
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Reid, J.
This is an appeal from a decree amending the terms of a decree of divorce and awarding the custody of the son of the parties to the father, the defendant, but leaving the custody of the daughter with the mother, the plaintiff. Plaintiff appeals and defendant cross-appeals.
Defendant obtained a decree of divorc... | [
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Potter, J.
Plaintiff sued defendants in justice’s court to recover damages alleged to have been suffered by reason of defendant Edwin D. Frink having set a brush fire in the highway on plaintiff’s premises, which fire communicated to plaintiff’s muck land, burning out and destroying the value of about two acres. Ianni ... | [
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Bushnell, C. J.
Plaintiff Standard Grocer Company is a wholesaler, engaged in selling its merchandise throughout western Michigan. Its principal place of business is at Holland and its branches are at Grand Rapids and Muskegon.
Defendant Local No. 406 is a part of the International Brotherhood of Teamsters, Chauffeurs,... | [
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North, J.
Plaintiff as the assignee of Calvin M. Parks brought this action to recover from defendant damages for the alleged unlawful conversion of personal property belonging to Mr. and Mrs. Parks. Prior to the assignment to plaintiff, Mrs. Parks had died leaving Mr. Parks the sole party in interest. On trial by jury ... | [
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Dethmers, J.
By decree entered Juno 14, 1946, plaintiff was granted a divorce. On February 10, 1947, defendant petitioned for, and on July 18, 1947, the court ordered, a modifícátion of the decree. On July 28, 1947, defendant filed a motion to vacate the decree. On August 6, 1947, plaintiff perfected an appeal, now pen... | [
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Fead, J.
Plaintiff, a carpenter, with “average weekly wage” of $25.20, was injured and compensation fixed at $16.80 per week upon approved agreement. He returned to work for the same employer as a watchman, unskilled labor, at $16 per week. He was still totally disabled as a carpenter. The employer had adopted a code u... | [
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Wiest, J.
This is an appeal by defendant from a decree enjoining him from prosecuting an action at law he instituted against plaintiff in Cook county, Illinois, to recover damages for personal injuries, alleged to have been occasioned him in a collision with one of plaintiff’s trains at the city of Benton Harbor, this ... | [
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Edwards, J.
This lawsuit involves a dangerous fire, a great amount of monetary damage, and a lengthy record. Each party involved seeks to establish negligence on the part of the other as to the cause of the fire and the damage it suffered therefrom. At the end of trial, the judge instructed the jury to return no cause ... | [
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Smith, J.
The issue in the case before us is the existence of a partnership interest in William A. Barnes, deceased.
Shortly after the close of what we commonly refer to as the “first” World War, around the year 1918, the Barnes Check Printing Company was formed. The 3 partners at that time were William M. Barnes and h... | [
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Per Curiam.
Certiorari by plaintiff Walsh, issued out of the Ingham circuit, to the defendant Secretary of State and the defendant members of the Ingham county board of canvassers. Prom an order modifying an official certificate of election, prepared and filed by the defendant members of the county board of canvassers,... | [
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Edwards, . J.
From Lord Mansfield to Josepb Welch, the lawyer who fought for cause or client against great odds has played a vital role in the defense of human freedom. We preface this opinion with recognition of the great value of the legal advocate and the frequent need for zeal and boldness in such advocacy.
The law... | [
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Black, J.
An evidentiary phase of this proceeding came to decision in In re Potter Estate, 351 Mich 326 (66 ALR2d 325). On remand the executor’s appeal from probate to circuit was tried to the court without a jury. The witness Ward testified fully in support of the executor’s petition. The circuit judge thereupon ruled... | [
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Kelly, J.
Ernest J. Vida was convicted in the recorder’s court of Detroit of obtaining personal property of a value of more than $100 by false pretenses in violation of CLS 1961, § 750.218 (Stat Ann 1962 Rev § 28.415), and was sentenced on March 5, 1964, to State Prison of Southern Michigan for a period of not less tha... | [
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Kelly, J.
On February 14, 1966, defendant, represented by his court-appointed counsel, was arraigned in the Clinton county circuit court on a charge of felonious assault.
The reading of the information was waived and defendant’s attorney informed the court of defendant’s intention to stand mute. A plea of not guilty wa... | [
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Levin, J.
Royal Moning, when he was 12 years old, lost the sight of an eye which was struck by a pellet fired from a slingshot being used by his 11-year-old playmate, Joseph Alfono.
There was evidence that Alfono purchased two l(ty-slingshots from defendant Campbell Discount Jewelry and had given one to Moning, and tha... | [
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