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T. G. Kavanagh, J.
This suit for mandamus was instituted under the following circumstances.
In 1966 the Congress of the United States enacted the Uniform Time Act, 15 USCA §§ 260-267 which required “Daylight Savings Time” to be kept in all time zones from the last Sunday in April until the last Sunday in October. Pursu... | [
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Williams, J.
"What is truth?” asked Pilate in the trial of Jesus. John 18:38. Today the polygraph really poses the same question. In the intervening nineteen hundred years, everything from trial by ordeal to jury trial has been used to try to establish truth.
This case requires us to determine whether polygraph evidenc... | [
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Leave to appeal is considered and, it appearing to this Court that the case of Krol v City of Hamtramck (Docket No. 56114) is presently pending appeal before this Court and that the decision in that case may be decisive of an issue raised in the present application for leave to appeal, it is ordered that the present ap... | [
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Adams, J.
On February 5, 1966, Darlene Boyd and Dianne Weinand were picked up after work about 9 p.m. and driven by Denise McKeever in her father’s car to Luigi’s Eestaurant, a local teenage hangout in Mt. Clemens. While there, two boys with whom they were acquainted entered the restaurant and sat at their table. The f... | [
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Ryan, J.
In this case the defendant, Richard Mauch, challenges the validity of his 1962 plea of guilty to kidnapping two City of Jackson policemen.
We hold that the plea was valid according to the standards existing at the time. We, therefore, reverse the decision of the Court of Appeals and reinstate the conviction.
T... | [
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Williams, J.
(for affirmance). We granted leave to appeal in this matter to determine whether the trial court reversibly erred in refusing to instruct the jury as to attempted uttering and publishing, when the facts adduced at trial arguably supported a conviction on either a completed or an attempted offense. We hold ... | [
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Ryan, J.
There are two issues in this case. They are: 1) whether, when an automobile liability insurance policy is issued in this state which con tains a provision for uninsured motorist coverage , the class of persons covered under the uninsured motorist coverage may be narrower than the class covered under the liabil... | [
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Per Curiam.
The defendants were charged with one count of first-degree murder and three counts of armed robbery as the result of a holdup of a restaurant in which the owner was shot to death. Defendants Miller and Davis were convicted on all counts, and defendant Ewing was found guilty of second-degree murder and one c... | [
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Per Curiam.
This case presents the question of whether the element of breaking in a prosecution for breaking and entering with intent to commit larceny contrary to MCL 750.110; MSA 28.305 is established where it is demonstrated that the defendant gained entry to the premises by using a key which had been entrusted to h... | [
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Per Curiam.
In Wood v The Detroit Edison Co, 409 Mich 279, 288; 294 NW2d 571 (1980), a majority of this Court agreed that evidence of a plaintiff surviving spouse’s remarriage was not to be used to determine damages in a wrongful death action. We now must consider whether error occurred in this case when an expert witn... | [
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Rehearing denied. | [
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Per Curiam:.
The defendant in this case filed a motion in Macomb Circuit Court in which a claim was made that venue in this action had been improperly laid. The circuit court denied the motion and the Court of Appeals affirmed that determination. Although we agree with the result reached by the circuit court and by the... | [
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Fellows, J.
Since this case was heard in the court below the original plaintiff has died, and the case has been revived in this court in the name of the administrator of her estate. However, when we use the word plaintiff we shall refer to the original plaintiff. Plaintiff resided at Moodus, Connecticut, but loaned mon... | [
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Bird, J.
Lincoln Hosner was employed by the village of Romeo as a laborer. On November 22, 1922, he received an injury known as a Potts fracture of the left ankle. The fracture was timely reduced and he thereafter appeared to be improving as rapidly and satisfactorily as a man of 61 years of age would be expected to im... | [
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Bird, J.
This bill was filed to restrain defendant from erecting a gasoline filling station on the northeast comer of East Grand Boulevard and Ferry avenue, on the theory that the location was one restricted to residential purposés. The trial court was impressed with the plaintiffs’ contentions and enjoined defendant a... | [
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Wiest, J.
Defendant filed objections to the petition of the auditor general asking for a decree to sell its lands for a tax thereon, delinquent for the year 1921. In the circuit decree for sale was entered and defendant appealed. The tax amounts to about $1,000 and purports to have been voted at the annual school meeti... | [
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Sharpe, J.
Defendant had levied upon and sold under execution the interest of one Dee Allen in certain lands in Kalamazoo county. Allen’s interest was that of a tenant in common, under the provisions of his father’s will. The plaintiff became the purchaser. Allen did not redeem. On the last day therefor, Glenn S. Allen... | [
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Fellows, J.
It is not denied that plaintiffs’ decedent met his death on January 18, 1923, while engaged as an employee in logging operations. Dependency of plaintiffs is not denied. The denial of liability is based on defendant’s claim that decedent was not its employee or the employee of its contractor or subcontracto... | [
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Sharpe, J,
Lillie A. Thompson, the former wife of plaintiff, died on July 18, 1900, leaving a last will and testament, executed on June 16, 1900. The defendant Gerald B. Thompson is her son and only child, born on July 7, 1900. The will was admitted to probate. It contained no provision for the defendant. Plaintiff was... | [
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Fellows, J.
On August 31, 1922, plaintiff commenced suit in assumpsit by summons issued out of the circuit court of Bay county against Thomas L. Handy and others. The writ was returnable October 18th and was not served on Thomas L. Handy. On the same day the principal suit was commenced, a writ of garnishment was issue... | [
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Clark, C. J.
Plaintiffs owned a farm in Saginaw county, bounded on the north by the Cass river and on the west by a State trunk line highway, known as the Dixie Highway. The defendant board of county road commissioners of that county entered into a contract with defendant Palma Construction Company, a corporation, for ... | [
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Wiest, J.
The bill hérein was filed to foreclose two real estate mortgages, given by defendants, dated October 2, 1920, for $3,500, due in six months, with interest at 7% after maturity, and November 9, 1920, for $1,500, due April 2, 1921, with interest at 7% after maturity. Defendants admit giving the mortgages but cl... | [
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Bird, J.
Henry Keagle, the deceased husband of plaintiff, was employed by Clarence Avery to drive one of his working teams. Clarence Avery had a contract relation with the city of Battle Creek, which bound him to furnish it teams and drivers as needed, at 85 cents an hour. On May 11, 1923, Henry Keagle, with a team, wa... | [
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Bird, J.
Defendant city gave plaintiff notice to remove, within 30 days, a stairway leading from the street to the basement of his business block situate at the corner of Burdick and Water streets. Plaintiff responded by filing this bill to restrain defendant from enforcing its order. From an adverse decree plaintiff a... | [
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Moore, J..
The plaintiff was injured while operating a scoring press while making targets for the government, and brought this suit to recover damages.
We quote from the declaration:
“That at the time he sustained the injuries herein complained of, he was a minor 15 years of age, that it thereupon became and was the du... | [
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McAllister, J.
Plaintiff’s decedent was killed as the result of a collision between a truck which he was driving and a truck driven by defendant’s employee. On trial before a jury, plaintiff received a verdict of $5,500. Motion by defendant for judgment notwithstanding verdict was refused by the trial court, and defend... | [
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Chandler, J.
Plaintiff is a sister of Emma R. Wood, deceased, and defendants are executors of the last will and testament of said deceased.
On December 13,1932, the deceased was the owner of certain real estate which had been sold to one O’Donnell on a land contract. On the date mentioned, she went to the office of her... | [
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Sharpe, J.
Petitioner, receiver of the Lapeer Farmers Mutual Fire Insurance Association and plaintiff in a chancery suit against one John Riley, petitions this court for a writ of mandamus commanding the circuit judge to vacate an order transferring the above-mentioned cause from the chancery to the law side of the cou... | [
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Chandler, C. J.
Appellant was convicted of the offense of robbery armed and takes this appeal from the judgment of the trial court and from a denial of his motion for a new trial.
He contends:
(1) That the trial court erred in failing to direct a verdict in his favor at the conclusion of the proof because of the insuff... | [
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Boyles, J.
Defendants own and reside on a farm with lake frontage near Howell, in Livingston county, rent boats and cottages, raise chickens, run two orchards, conduct farming operations. In 1937 they advertised for a tenant, an experienced chicken-raiser, to help with the work. Plaintiffs, residents of Detroit, answer... | [
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Sharpe, J.
This is an appeal from a decree cancelling a deed executed by Ernest Randall on May 28,1938, by wbicb be conveyed a farm to defendants Howard E. Randall and Editba O. Randall, bis wife.
Ernest Randall is tbe father of Howard E. Randall. In tbe early part of May, 1938, Ernest Randall was living in Grand Bay, ... | [
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Potter, J.
Information in the nature of quo warranto by the attorney general, to oust defendant from employment of licensed optometrists who serve customers while employed by it. Prom a judgment for defendant, plaintiff appeals. The State claims the purposes set forth in defendant’s articles of association do not inclu... | [
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Sharpe, J.
On July 12, 1932, the plaintiff rented a second-story flat from defendant, situate on Fourteenth street in the city of Detroit. He paid rent in advance for a month, commencing on August 1st, but had permission to at once move in to clean and make repairs. On the afternoon of July 13th the plaintiff and his w... | [
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Butzel, J.
In 1927, Alexander Miner sold an Oakland county farm to A. E. Carle on executory contract. Two years later, Carle tore down a barn on the farm, protecting Miner’s interest by giving a bond in the sum of $2,000 in which the Fidelity & Casualty Company of New York is named as surety. Under the terms of this bo... | [
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Weadock, J.
Plaintiffs applied to the Michigan public utilities commission for a renewal of permit as a freight carrier, tendering a fee of $13.64, one-twelfth of the annual fee, being for one month from September 18 to October 17, 1933, when the repeal of Act No. 312, Pub. Acts 1931, would take effect.
That sum being ... | [
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Butzel, J.
Solomon and Bessie Zlatkin own a summer hotel at South Haven, Michigan. They borrowed from plaintiff, Morris B. Leon, the sum of $6,830 on May 11, 1928, and in return gave him their note for $8,000 with interest at 7 per cent., payable September 15,1930. They secured the note with a real estate mortgage on t... | [
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Sharpe, J.
(dissenting). On this foreclosure in chancery of a land contract, in which the plaintiffs sought a decree for any deficiency arising on the sale, the court found the amount due thereon to he the sum of $45,516.60, and ordered a sale thereof by the circuit court commissioner of the county. Inserted in the dec... | [
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Weadock, J.
Plaintiff brought suit against defendant for the sum of $444, the proceeds of the sale of 60 young pigs which had been raised by Adolph Opel, upon which it held a mortgage. The sale of the pigs was consented to by the mortgagee and made by the mortgagor for the sum of $444, which he took to the defendant ba... | [
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McDonald, J.
This bill was filed to redeem from the foreclosure of a mortgage by advertisement, for an accounting as to the amount due on the mortgage, and to recover damages for the ejectment of plaintiffs Tomaska from the premises.
The evidence shows that on August 25,1925, Julius Falkenberg and wife executed a mortg... | [
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Sharpe, J.
Reuben and Kenneth Snelenberger, sons of the defendant, pleaded guilty to the larceny of a Chevrolet landau sedan from one John Jablonski at Bay City on September 13, 1928, and are now serving a sentence therefor in the State prison at Marquette. The defendant was convicted of receiving this automobile, know... | [
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Fead, J.
Asi far as material here, plaintiff’s declaration, in substance, alleges that on November 22, 1928, the corner of Michigan avenue and Twenty-sixth street, in the city of Bay City, was a business center; between the 5-foot cement sidewalk on the east side of Michigan avenue, south of Twenty-sixth street, and th... | [
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Butzel, J.
Plaintiff Borgess Hospital, devoted to eleemosynary purposes, was organized as a nonprofit corporation under the laws of this State. It is owned; managed and its work carried on by the Sisters of St. Joseph, a religious community of the Catholic Church. The corporation originally maintained hospitals at Kala... | [
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North, J.
Plaintiff has appealed by certiorari from an order and determination of the Grand Bapids city commission, acting as a civil service board, removing him from the office of superintendent of police. Appellant complains that the charges for which he was removed were not sustained by the testimony; that the actio... | [
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Wiest, J.
Plaintiffs are milk dealers in Saginaw county, and filed the hill herein to restrain defendants from enforcing Act No. 361, Pub. Acts 1927. The bill was dismissed in the circuit court, and plaintiffs appealed.
Since the hearing in the circuit the mentioned act has been amended by Act No. 60, Pub. Acts 1929, a... | [
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Weadock, J.
This is an appeal by Bankers Discount Corporation of Indiana from a .decree dis missing its bill in aid of execution issued on its judgment against the defendant Carrie Gillette’s interest in the south one-half of lots 17 and 18, plat of Niles, Michigan, the levy being made August 27, 1932, the amount being... | [
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Fead, J.
This is a petition for writ of mandamus to compel the circuit judge to set aside an order remitting to the probate court the case of In re Spin ner’s Estate, upon contest of will, the court having held that contestants did not seasonably file a proper stay bond. In view of the decision handed down herewith in ... | [
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Sharpe, J.
On January 16, 1931, certain general creditors of the Detroit City Service Company filed a bill of complaint to secure the appointment of a receiver for the corporation. The Union Guardian Trust Company and H. S. Oderman were duly appointed. In the order appointing them they were—
“authorized to continue, ma... | [
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Wiest, J.
This is certiorari to review habeas corpus. December 8,1931, Willard O. Twombly was under arrest by virtue of a rendition warrant, issued by the governor of this State, based upon a requisition of the governor of the State of New York, in pursuance of an indictment in the latter State, charging Twombly with h... | [
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Fead, J.
About midnight of Christmas eve, 1927, plaintiff, Alta Durfey, and her sister, Margaret Matchuret, employees in a Mary Lee Candy Shop in Detroit, started home in a taxicab owned by ap pellant and driven by Clarence Milligan. They had several Christmas parcels which Milligan laid on the floor of the cab some ei... | [
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Butzel, J.
At the annual tax sales of the county treasurer in 1927 and 1928, Frank Weston, plaintiff, purchased tax titles for wild lands in Chippewa county, Michigan. Some of the purchases were made on May 3,1927, and the others on May 1,1928. Tax deeds were subsequently issued to him for those descriptions for the ye... | [
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Weadock, J.
In a chancery foreclosure of a land contract a personal decree against defendant Julia Steinhebel was sought by notice in the summons and a deficiency judgment, if any, was asked in the bill of complaint. Defendant answered by her attorney,, who did not appear on the hearing. A decree was granted plaintiff,... | [
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Potter, J.
Plaintiffs, as widow and son of Ernest Lindsey, deceased, made claim against defendants before the department of labor and industry for compensation for the death of Ernest Lindsey. The sole question in dispute is whether the accident arose out of and in the course of decedent’s employment. The deputy commis... | [
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Clark, J.
Defendant Stranahan drove his automobile against plaintiff’s son causing serious injury. Plaintiff recovered judgment for his damages against Stranahan for $1,782.25 and costs. In the trial of that cause defendant Ford was attorney for Stranahan and he may also have been acting for the other defendant, Wolver... | [
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Potter, J.
Plaintiff and defendant were married in 1891. They have no children. August 19, 1927, plaintiff filed a hill for divorce. Defendant filed an answer to the hill of complaint and later an amended and supplemental hnswer in the nature of a cross-bill. Decree was entered May 21, 1928, granting defendant a divorc... | [
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Butzel, J.
Plaintiff George Engel was at one time owner of a lot fronting 82% feet on Paris avenue in the city of Grand Rapids, with two houses situated on the said lot. On September, 20, 1902, or thereabouts, he sold on land contract either the southerly 40 or 41% feet of the property, together with the house on same,... | [
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Potter, J.
Plaintiffs filed their bill of complaint. to reform, for mutual mistake, the terms of a written lease of a gasoline service station in Owosso. From a decree dismissing the bill, plaintiffs appeal.
Plaintiffs, engaged in the wholesale oil business, leased a location and operated a filling station in Owosso. I... | [
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McDonald, J.
The plaintiff brought this suit to recover damages for injuries to his automobile which collided with one of the defendant’s engines on the Main street crossing in the city of Ishpeming, Michigan. At the time of the accident, he and his wife were riding in the rear seat of the automobile, which was being d... | [
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Clark, C. J.
This appeal of plaintiffs from decree dismissing, on motion, hill of complaint is determined by 3 Comp. Laws 1929, § 15521:
“Jurisdiction assumed in any case by a judge of probate, so far as it depends on the place of residence of any person, or the location of his estate, shall not be contested in any sui... | [
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McDonald, J.
A summary judgment was entered in favor of the plaintiff in an action at law to recover the unpaid balance on a land contract. Defendant appealed.
The plaintiff is survivor of William Aben and Annie Aben, his wife, vendors in a land contract. Hyman D. Dorman was the vendee. He assigned to the defendant, Es... | [
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Wiest, J.
This suit was commenced by summons, issued November 14, 1930, with February 13, 1930, as return day, stating damages not to exceed $25,000. Service was made November 18, 1930. Defendant did not appear, and judgment- by default was taken 'for $43,599.81, on January 24, 1931. August 28, 1931, .defendant filed a... | [
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McDonald, J.
(dissenting). This is an action to recover damages for injuries resulting in the death of Oscar Spencer occasioned by a collision between an automobile which he was driving and one of the defendant’s street cars. The accident happened on Temple avenue near Twelfth street in the city of Detroit, Michigan. T... | [
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Sharpe, J.
This case involves appeals by the Detroit International Bridge Company, a Michigan corporation, with its principal office in the city of Detroit, from the determination of the corporation tax appeal board fixing its annual privilege fees for the years 1929 and 1930.
The purposes for which the bridge company ... | [
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Fead, J.
This is a bill to reform an automobile insurance policy on the ground of mutual mistake. Plaintiff is engaged in the truck delivery business, and in 1928 and 1929 carried fleet insurance on its vehicles in defendant company. As vehicles were purchased, additions to policies were made from time to time, and def... | [
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McDonald, J.
This is an appeal by the defendant from an adverse decree in a suit to enforce a vend- or’s lien.
In August, 1924, the plaintiff and Mesrob Q. Kurkjian, since deceased, purchased on land contract certain property in the city of Detroit. They made a down payment of $3,000, leaving an unpaid balance of $10,0... | [
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North, J.
A superintendent of the poor for Kent county petitioned the probate court of said county to require Gustav Mayer, herein called the defendant, to contribute to the support of his mother, Marie Shassberger, as a dependent person within the meaning of Act No. 146, Pub. Acts 1925, being 2 Comp. Laws 1929, § 8208... | [
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Butzel, J.
Plaintiff, Lincoln Investment Company, of Springfield, Illinois, an Illinois corporation, claimed to be the holder in due course of five notes of $75 each given by Sam Metros, defendant, to the Red Arrow Service Company, as payee. Metros was proprietor of the Aviation Cafe, of Dearborn, Michigan. An individu... | [
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Bushnell, J.
Plaintiff claims he was employed to solicit jobs for defendant, a foreign corporation, engaged in the business of contracting for the fabrication and erection of stone work in buildings under construction, for which defendant agreed to pay him certain commissions on each job so secured. He claims commissio... | [
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Nelson Sharpe, O. J.
This case was tried by the court without a jury. In the opinion filed by him the facts (and they do not seem to be in dispute) are stated as follows:
“Plaintiff was a patron of the defendant’s health system, and on the 14th of June, 1933, found himself in one of the massaging booths in the defendan... | [
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Bushnell, J.
The people appeal from an order quashing an information which charged respondents with managing a lottery, and aiding and assisting in disposing of merchandise by way of lottery for money in a game of chance, to-wit: a beano game. The appeal presents the single question: Is “beano” a lottery?
The substance... | [
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Nelson Sharpe, C. J.
Defendants seek review of an award made by the department of labor and industry allowing plaintiff compensation for an injury sustained by her about the middle of February, 1932, while in the employ of the defendant J. L. Hudson Company as a waitress in its restaurant in the city of Detroit.
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Carr, J.
Plaintiff Alexander was employed by defendant Detroit Steel Casting Company in its found ry from February 27,1927, to and including October 20,1948. During said period his work was that of a chipper, grinder, and finisher of metal, in which he was exposed to dust resulting from the foundry operations. In 1947,... | [
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Butzel, J.
On March 24, 1932, shortly after our opinion was rendered in Engel v. State Mutual Rodded Fire Insurance Co., 257 Mich. 245, Mary Engel began a suit at law against the same insurance company in the circuit court of Ontonagon county. The following month she began another suit at law in the same court against ... | [
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Boyles, J.
This is a suit for damages resulting from injuries received by the plaintiff, a pedestrian crossing Main street at the intersection of Eighth street in the city of Benton Harbor, when struck by an automobile driven by the defendant. At the conclusion of the taking of testimony in a trial by jury, the court, ... | [
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Ebward M. Sharpe, J.
Plaintiffs bring a bill in equity to rescind certain land transactions with defendants on the ground of fraud.
Burt H. Gower and his wife, Minnie B. Gower, have resided near the village of Oakley, Saginaw county, Michigan, for more than 20 years, Gower having been a rural school teacher for about 1... | [
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Bushnell, J.
Plaintiffs Charles Helin and Lempi Helin,-his wife, reside in the village of Grosse Pointe Park and are the owners of lots 23 and 24, Windmill' Pointe subdivision of private claim 696, and part of private claims 126 and 127, 379 and 570. The Helins purchased this property on land contract from the State la... | [
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Dethmebs, C. J.
Plaintiff was granted a decree-of divorce in February of 1947 awarding her custody of the parties’ 12-year-old son. For his support and maintenance defendant was required to pay $100 per month until the further order of the court. Defendant made such payments until December 26, 1951, when the son became... | [
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Carr, J.
Plaintiffs brought this suit in equity to enjoin the enforcement of certain provisions of the zoning ordinance of the defendant township. Said ordinance was adopted in 1946 in accordánee with the provisions of PA 1943, No 184 (CL 1948, § 125.271 et seq. [Stat Ann 1949 Rev § 5.2963(1) et seq.]). The general pur... | [
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North, J.
Plaintiff filed this bill in chancery to obtain a construction of the last will and testament, of her father, August P. Sater, deceased. She contends that by its terms she became the absolute owner of the property described in paragraph 2 of the will. On the other hand, as to that property, defendants, a son ... | [
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Boyles, J.
In 1949, plaintiff obtained a judgment for $2,075.76, and costs, against the principal defendant, Industrial Research Corporation. Thereupon plaintiff started the instant proceeding against Mrs. Mabel H. Guy as g’arnishee defendant. She filed a disclosure denying liability to the principal defendant. Thereup... | [
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North, J.
The relief sought in this statutory proceeding by Fred B. Hill and James Mathewson, intervening petitioners, was that a decree be entered “establishing and quieting title in petitioners” to 40 acres of land in Montmorency county, of which land they alleged they were the owners in common. The circuit judge, fo... | [
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Bushnell, J.
This action for “false arrest and false imprisonment” originated in the common pleas court of the city of Detroit. A summons in trespass on the case was issued on May 18, 1949. Issue was joined by answer and the cause set for trial on June 23d. On that date defendants were in court with their witnesses, an... | [
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North, J.
This is an appeal by plaintiff from an amendment to the decree of divorce which she obtained from defendant whereby permanent alimony decreed to her was reduced from $25 per week to $17.50 per week.
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Butzel, J.
Zetta Taylor, who also was appointed receiver of Taylor’s Restaurant and Bakery, seeks a mandamus to order the Honorable John Y. Brennan, Wayne county circuit judge, to settle the bill of exceptions on an appeal to this Court in a suit brought by her against the administratrix de bonis non of the estate of h... | [
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57... |
North, J.
The plaintiffs herein are individual owners of lots in Shoppenagon Lodge plat, primarily a resort property, in Lyon township, Roscommon county, Michigan, and Shoppenagon Lodge Lake Shore Corporation, organized in 1941 pursuant to PA 1929, No 137, as amended. See CL 1948, § 455.201 et seq. (Stat Ann and Stat A... | [
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Sharpe, J.
In October, 1946, plaintiff, Vernabelle Cooley, filed a bill of complaint against defendant, William Cooley, for the purpose of securing a divorce. Defendant entered his appearance in November, 1946. The parties entered into an agreement relating to the future custody of their son, born June 21, 1943, in the... | [
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Boyles, J.
This suit wás brought by plaintiff to recover damages from the Caloy Corporation for breach of an oral contract, claiming that the defendant had broken an agreement for plaintiff to become the exclusive distributor for the defendant’s products (metal tile). The case was heard by the circuit judge without a j... | [
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Carr, J.
The parties to this case are the children and heirs at law of Charles P. Knight who died intestate October 2, 1949. At the time of his death Mr. Knight was 87 years of age. In the month of June preceding his death he entered into a land contract with defendant by the terms of which, for an expressed considerat... | [
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Boyles, J.
Plaintiff sued the defendant city of Ecorse for damages resulting from an explosion of gas, alleged to have been caused by the negligence of the defendant in failing to maintain a sewer in a condition of reasonable repair, and in failing to investigate a continuous depression in a street intersection to disc... | [
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Potter, J.
Plaintiffs filed a bill against the Kalamazoo Citizens Loan & Investment Company, a corporation, its officers and directors, claiming to be the owners of 221 shares of 8 per cent, cumulative preferred stock of defendant corporation, organized with $390,000 capital ($130,000 in common stock and $260,000 in pr... | [
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Carr, J.
These cases arise from an accident occurring February 27,1948, on a public street in the city of Detroit. It is conceded that defendant Haak was the owner of a taxicab which was being used by the other defendant, with the knowledge and consent of the owner and in his business. Claiming that she had sustained p... | [
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Reid, J.
Plaintiff, the record titleholder of the premises in question, brought suit against defendant for the recovery of possession of lands in a summary ouster proceedings before a circuit court commissioner of Wayne county. On October 23, 1946, the jury rendered a verdict of guilty and judgment of ouster was entere... | [
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Fead, J.
August 3, 1926, defendant Lipsitz applied to the Guaranty Trust Company for a con struction loan of $185,000. August 9th he executed and acknowledged a memorandum that he had entered into an agreement with the Guaranty Trust Company whereby he was to execute a mortgage as security for services to be rendered a... | [
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Bushnell, J.
Plaintiff filed a bill to foreclose a land contract and a receiver was appointed ex parte. An order to show cause why one of the tenants of the property should not be punished for contempt of court was dismissed. Defendant’s motion to vacate the order of appointment of the receiver was argued and granted, ... | [
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Boyles, -J.
Plaintiff appeals from an order dismissing his bill of complaint filed in the circuit court for Wayne county in chancery, on motions made by the defendants. Under such circumstances all well-pleaded material allegations of fact in the bill of complaint must be taken as' true.
The plaintiff Wright and the de... | [
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Edward M. Sharpe, J.
This suit involves the title to a strip of land 16% feet wide and approximately 142 rods long, lying in what is now the central portion of wider Woodward avenue in section 8, town 1 north, range 11 east, of Eoyal Oak township. Prior to 1838, John Benjamin and wife owned all of the southwest one-qua... | [
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Bttshnell, C. J.
This will contest involves the sole question of testator William J. Nickel’s competency. On November 28, 1934, when well-advanced in years, he executed a will containing the following:
“First: I will and direct that all my just debts and funeral expenses be paid in full, and that I expressly include as... | [
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Carr, J.
The petitioner herein, Earl Beno, seeks, in a habeas corpus proceeding with ancillary writ of certiorari, to obtain his release from imprisonment in the State prison for southern Michigan at Jackson. The petition and the returns to the writs disclose that on March 11, 1930, petitioner was arraigned in the circ... | [
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Potter, J.
Plaintiff, employed by defendants Wisconsin Public Service Corporation and Menominee.& Marinette Light & Traction Company, as a lineman, was injured June 26, 1931, by falling from a pole. He was awarded and paid compensation for total disability for seven weeks at $18 a week. He then went back to work for th... | [
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Btjtzel, J.
Fern Newell, administrator of the estate of Ovid Newell, deceased, brought suit against John Ritter, the owner, and Arthur Ritter, driver of an automobile that on the night of August 13, 1933, at about 2 a. m. struck plaintiff’s decedent and caused injuries from which he died the following morning. Plaintif... | [
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Fead, J.
Alimony is a matter of decree of court, not of contract. Eddy v. Eddy, 264 Mich. 328. A stipulation of parties does not modify a decree. The stipulation at bar was not incorporated into a modified decree by the court and, therefore, amounted to no more than an agreement, or a receipt or forgiveness of the alim... | [
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7... |
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