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Wiest, J.
The principal defendant in three garnishment suits moved the circuit court to dismiss the writs for noncompliance with a statutory requirement and, upon denial of the motion, reviews by appeal in the nature of certiorari.
Affidavits for the writs averred that the principal defendant' was indebted to plaintiff... | [
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Black, J.
July 16, 1941, plaintiff Bernstein as-lessor, and defendant Shifman as lessee, executed a written lease of certain business and living-apartment premises located on Hastings street in Detroit.. The term of the lease was 15 years, ending July 31,. 1956. It is agreed that the respective undertakings of the part... | [
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Fead, J.
Plaintiff filed bill and had decree restraining enforcement of an assessment against it for drain taxes.
Petition for the drain was filed in 1925. At that time a village could not be assessed as a unit for drain benefits.
Plaintiff village commissioners and officers individually signed petitions for laying out... | [
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Black, J.
This is an automotive negligence case. The jury returned a verdict in favor of defendant, on which judgment was entered. Plaintiff’s appeal presents but one question, stated by his counsel with rule-required comment as follows:
“Should the trial judge have questioned prospective jurors to determine whether th... | [
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Butzel, J.
On July 12, Í920, the electors of the city of Pontiac, Michigan, adopted a home rule charter in conformity with the provisions of article 8, §§ 20, 21, of the Constitution of the State of Michigan, and Act No. 279, Pub. Acts 1909, as amended (1 Comp. Laws 1929, § 2228-2274). On November 28, 1933, the city ma... | [
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Butzel, J.
Marguerite M. Gignac, widow of Arthur L. Gignac, and Joseph A. Payne, administrator of the estate of Arthur L. Gignac, deceased, both made claim to the proceeds of a life insurance policy issued to Mr. Gignac in 1921 by the Columbian National Life Insurance Company. The amount due on the policy, $3,117.41, h... | [
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Btjtzel, J.
Mary Grylls, vendor under an executory land contract, served notice of forfeiture upon Alice Hergiton, vendee, and instituted summary proceedings against her before a circuit court commissioner to recover possession of the premises. The commissioner rendered a judgment of restitution in favor of plaintiff. ... | [
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Fead, J.
With, explanations, I conenr in Mr. Justice Potter’s opinion except as to the result.
I agree that the auditor general has no power to “audit” the hooks in the sense of authority to accept and reject items and thereby establish legal right or liability of the commission or its members. But it should be made pl... | [
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Yoelker, J.
This is an action by Mina Kieffer, plaintiff-appellant, against W. Harold Yan Leenwen, individually and as executor of the estate of Anna Gelock Leusenkamp, deceased, and Robert J. Yan Leenwen and Julia Keller for specific performance •of an alleged oral contract between appellant and her deceased sister, A... | [
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Edwards, J.
The city of Muskegon passed an ordinance in 1948 making it unlawful to leave the ignition key in an automobile parked upon a public street. In this case plaintiff claims tbat defendants’ violation of that ordinance resulted in defendants’ automobile doing considerable damage to plaintiff’s grape arbor, whil... | [
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Kavanagh, J.
Plaintiffs are the owners of a vacant 30-acre parcel of land on Alpine avenue (M-37) located in section 25, Alpine township, Kent county, Michigan, approximately 5 miles north of the city of Grand Rapids.
One of the plaintiffs, De Yries, became interested in purchasing the property, but learned that it was... | [
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On Reconsideration oe Denial oe Application eor Rehearing.
Black, J.
That our equally divisive opinions, handed down October 13, 1958 (Cohn v. County of Oakland, 354 Mich 180, 190), have left this proposed multimillion dollar sewage-disposal project in a state ■of legal uncertainty, is quite evident. By application for... | [
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North, J.
In determining whether in a given case there has been novation of parties, all the facts and circumstances of that case are to be considered. Fender v. Feighner, 265 Mich. 536. There may not be a single act or transaction which in and of itself would disclose or establish novation; but from all the acts of th... | [
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Kavanagh, J.
This is a cause of action under the civil damage act (CLS 1956, § 436.22 [Stat Arm 1957 Rev § 18.993]), based upon the alleged statutory liability of defendant, owner and operator of a liquor bar on M-13, south of the city of Saginaw.
Plaintiff claims damages for injuries suffered on January 1, 1955, when ... | [
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Dethmers, C. J.
This is an appeal from a decree for specific performance of a land contract. Plaintiffs have paid the purchase price in full. Defendants refuse to convey and have served notice of intention to forfeit the contract on the ground that plaintiffs have violated its restriction reading as follows:
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Butzel, J.
Greorge W. Boman, for many years prior to his death, was the owner of fractional lots 7 and 8, section 11, town 16 north, range 1 west, Midland county, Michigan. On April 30, 1924, for a consideration of $250, Boman, together with his wife, plaintiff herein, gave to defendant Wolverine Power Company a warran... | [
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Sharpe, J.
The defendant, Henry DeHaven, was tried and convicted of having committed the crime of rape upon Marilyn Kahre his 13-year-old stepdaughter.
Defendant married Ethel DeHaven, mother of the complaining witness, in December, 1941; At that time Marilyn was living with her grandparents in Indiana. Shortly after h... | [
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On Rehearing.
Sharpe, J.
A rehearing was granted in this case, limiting the question to the constitutionality of the ordinance involved.
The facts in this case are set forth in 320 Mich. 182 and need not be again recited. It does appear, however, that in the court below plaintiffs challenged the validity of the ordinan... | [
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Voelker, J.
This sad case is still another chapter in a prolonged dispute over the custody- of 3 minor children originally awarded the plaintiff mother and present appellant by decree in her ultimately uncontested divorce action against the defendant father .and present appellee. By inference it appears that the childr... | [
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Kelly, J.
Appellee, State labor mediation board, found certain of appellant’s employees to “constitute an appropriate unit for the purpose of collective bargaining” and ordered that an election by secret ballot be conducted among those employees to determine “whether they desire to be represented for collective bargain... | [
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Per Curiam.
This is an appeal, on leave granted, by defendants, Secretary of State and Board of State Canvassers, from a Court of Appeals order, in proceedings originating in that Court, for issuance of a writ of mandamus against them and others charged with enforcement of the election laws, directing them to certify f... | [
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Adams, J.
(dissenting).
I. The Facts and Proceedings.
On February 23, 1961, plaintiff fractured his left hip while in the employ of defendant. Compensation was paid from date of injury until April 30, 1962. It was stopped on defendant’s allegation that plaintiff was able to return to work. About May 1, 1962, plaintiff ... | [
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Kelly, J.
This is an appeal from decisions of the Kent county circuit court in separate actions, here consolidated, and involves the interpretation of section 1 of PA 1953, No 189, as amended by PA 1962, No 226 (MCLA § 211.181 [Stat Ann 1968 Cum Supp §7.7(5)]). In pertinent part, the statute here involved reads:
“When ... | [
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O’Hara, J.
This is a case of statutory construction. The statute involved is PA 1953, No 189, as amended by PA 1962, No 226 (MCLA § 211.181, Stat Ann 1968 Cum Supp § 7.7 [5]). It is a taxation statute. Both in the Public Acts and the Compiled Laws Annotated, the editorially supplied caption is:
“Taxation of lessees and... | [
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T. M. Kavanagh, J.
Plaintiff-appellant filed a petition for hearing dated November 26, 1965, which was received by the workmen’s compensation department on November 29, 1965. The petition alleged that on or about September 28,1963, the plaintiff sustained a personal injury or disablement from occupational disease, whic... | [
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T. E. Brennan, J.
1. The Facts.
This lawsuit arises by reason of a legislative oversight.
By PA 1960, No 44, effective April 19, 1960, water companies were added to the list of public utilities coming under the jurisdiction of the Michigan public service commission. Automatically, therefore, on April 19, 1960, every wa... | [
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T. M. Kavanagh, J.
(for reversal). This case is here on appeal from a judgment of the Court of Appeals, which reversed the judgment of the trial court in favor of plaintiff. 6 Mich App 204.
Plaintiff filed a complaint in the circuit court of Genesee county seeking to recover for personal injuries suffered by its ward, ... | [
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Souris, J.
(for reversal and remand). We granted leave to appeal for the limited purpose of determining whether the trial court erred in denying plaintiff’s motion for new trial based upon allegations that a juror improperly associated with defendant and his counsel immediately after verdict favorable to defendant and ... | [
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Dethmers, J.
On August 5, 1963, plaintiff was arrested and arraigned on a warrant charging him with murder in the first degree. From that date to July 18, 1964, a period of 11 months and 13 days, he was held in county jail without bail awaiting final disposition of his case. On the latter date he was sentenced in the R... | [
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Dethmers, C. J.
This is an appeal, on leave granted, from Court of Appeals’ denial of mandamus to compel defendant circuit judge to grant plaintiff a trial de novo in circuit court on the charge of which she was convicted in the recorder’s court of the city of Detroit, traffic and ordinance division, of violating a cit... | [
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T. E. Brennan, J.
In this automobile negligence case, plaintiffs recovered a verdict in the amount of $12,500, and defendant Cab Company sought judgment notwithstanding the verdict or a new trial, both of which were denied. On appeal, the Court of Appeals- reversed and remanded for a new trial on the ground that the tr... | [
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Per Curiam.
The Judicial Tenure Commission (hereinafter the Commission) has recommended that this Court remove from judicial office the Honorable James Del Rio, Detroit Recorder’s Court Judge, and permanently enjoin him from holding any judicial office in the future. Pursuant to GCR 1963, 932.24, the respondent petitio... | [
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Blair Moody, Jr.,
J. The issue in the case at bar is limited to whether a federation (union) of public school teachers may be held liable in tort by a public school district for alleged monetary damages incurred as a result of a peaceful strike prohibited by the public employment relations act (PERA), MCLA 423.201 et s... | [
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Kavanagh, J.
People v Walter Johnson
Defendant Walter Johnson and codefendant Edgar Johnson held up a bar in the City of Detroit. Defendant Walter Johnson took money from the cash register while his codefendant kept the patrons at bay with a revolver. The defendants left the bar and divided the money.
On March 7, 1977 ... | [
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Per Curiam.
On September 5, 1969, the State Grievance Administrator of the State Bar filed a formal complaint charging plaintiff Sternberg with 13 counts of embezzlement from clients which, if true, constitute professional misconduct and warrant disciplinary action. Formal hearing was set for November 10, 1969.
On Octo... | [
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Ryan, J.
We are presented in this case with questions pertaining to findings and recommendations of the Judicial Tenure Commission and the power of this Court as it relates to the discipline of members of the state judiciary. The questions are of first impression and arise because respondent Charles V. Probert, the sub... | [
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Per Curiam.
The dispositive issue is whether a writ of habeas corpus ad prosequendum constitutes a detainer within the meaning of the Interstate Agreement on Detainers, MCL 780.601 et seq.; MSA 4.147(1) et seq.
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The prosecution, by means of writs of habeas corpus ad prosequendum issued by the Recorder’s Court for the ... | [
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Per Curiam,
In this case we examine the question of-whether Michigan’s no-fault insurance act has abrogated, in automobile injury cases, the common-law action for loss of consortium.
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Plaintiffs, husband and wife, brought suit for damages arising out of an automobile accident which occurred on July 30, 1974. Plaintiff... | [
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Leave to appeal denied August 26, 1981. | [
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Request for appointment of counsel denied.
Case below, Court of Appeals No. 19554, per curiam opinion of August 15, 1975.
Kavanagh, C. J., and Levin, J., would grant appointment of counsel. | [
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Ryan, J.
Appellant, Sheldon Beck, is before the Court on an appeal from the State Bar Grievance Board’s affirmance of a two-year suspension of his privilege to practice law, ordered by the hearing panel.
Mr. Beck was charged with four counts of professional misconduct, two of which were dismissed by the panel after a h... | [
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Per Curiam.
The defendant was convicted of manslaughter in the death by stabbing of her former husband, and the Court of Appeals affirmed. In her application to this Court, the defendant raises several questions. We reach only one, and conclude that evidence of a prior assault by the defendant on the deceased was impro... | [
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Blair Moody, Jr., J.
This is a joint appeal from an order of the State Bar Grievance Board of July 21, 1976, affirming an order of discipline entered by Wayne County Hearing Panel No. 14 on January 22, 1976. The instant order of discipline suspended respondent Stephen A. Crane’s license to practice law for 30 days and ... | [
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Fitzgerald, J.
Defendant-appellee Rich was convicted by a jury on February 20, 1973 of breaking and entering with intent to commit larceny, contrary to MCLA 750.110; MSA 28.305. This conviction was reversed by the Court of Appeals in an unpublished per curiam opinion. Defendant-appellant Robinson was jury-convicted on ... | [
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Fitzgerald, J.
Defendant Clarence Atkins stands convicted by a jury of sale of heroin. His conviction was affirmed by the Court of Appeals at 47 Mich App 558; 209 NW2d 735 (1973). We likewise affirm after having examined and answered the following questions in the negative:
(1) Whether reversal is required because the ... | [
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The Governor’s executive message, filed under GCR 1963, 797.1, is considered and his request to certify the question is respectfully denied. The request is moot in light of this Court’s grant of leave to appeal and decision in Oakland County Prosecuting Attorney v Dep’t of Corrections, 411 Mich 183 (1981), in which the... | [
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Ryan, J.
Defendant applies for leave to appeal his rape conviction which was affirmed by the Court of Appeals. We reverse and remand for a new trial pursuant to GCR 1963, 853.2(4).
The sole issue raised on appeal is whether the trial court abused its discretion in granting the prosecutor’s trial day motion to indorse t... | [
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The motion by defendant-appellant for reconsideration of this Court’s order of February 25, 1976 (396 Mich 832) is considered and the same is denied because it does not appear that said order was entered erroneously.
Case below, Court of Appeals No. 22402, per curiam opinion of August 29, 1975.
Levin, J., would grant r... | [
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Per Curiam.
Plaintiff instituted suit in district court to recover possession of premises because of unpaid rent owing from defendant under the provisions of the parties’ service station lease. On defendant’s motion the matter was removed to Ingham Circuit Court where the trial judge first denied plaintiff’s motion for... | [
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Requests by the Legislature and the Governor for an advisory opinion on the constitutionality of 1976 PA 240 are considered. The request by the Legislature contained in House Concurrent Resolution No. 691 and the letter request by the Governor dated August 24, 1976 are granted.
The questions to be considered are:
(1) M... | [
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Per Curiam.
The defendant was tried by a jury and found guilty of armed robbery. MCLA 750.529; MSA 28.797. He argues that the trial judge erred in admitting into evidence the testimony of three prosecution witnesses describing their pretrial lineup identification of the defendant and the testimony of a police officer c... | [
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The motion by defendant-appellant for reconsideration of this Court’s order of December 23, 1975 (395 Mich 823) is considered and the same is denied because it does not appear that said order was entered erroneously.
Case below, Court of Appeals No. 26383, order of November 19, 1975. | [
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Request for appointment of counsel denied.
Case below, Court of Appeals No. 19932. | [
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The delayed application for leave to appeal is considered and, it appearing to this Court that the cases of People v Sheline (Docket No. 57588) and People v D’Angelo (Docket No. 57807) are presently pending on appeal before this Court and that the decision in those cases may be decisive of issues raised in the present ... | [
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The motion to supplement appellant’s appendix is considered. The supplementary material has been used by the Court in connection with appellee’s motion for bond. Facsimile copies of the supplementary material will be considered by the Court in connection with the appeal on the merits until such time as appellant can pr... | [
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On order of the Court, notice is hereby given that the Supreme Court proposes to amend 110 of the Probate Court Rules to read as follows (new matter in italics):
PC Rule 110. Papers and Pleadings: Form and Filing.
.1 (Unchanged.)
.2 Authentication by Verification or Declaration Under Penalties of Perjury.
(a) When Used... | [
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Coleman, J.
Plaintiffs husband, an employee of General Motors, died on February 4, 1969. A claim for workmen’s compensation was filed September 16, 1970 and dismissed for no progress on July 26, 1971. A second claim was filed August 26, 1971 and dismissed for no progress December 11, 1972.
Plaintiff filed a wrongful de... | [
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Plaintiff-appellant’s motions for an order allowing costs, expenses, and attor ney’s fees having been ordered held in abeyance pending final disposition of the instant appeal, and the opinion in said appeal having been issued on July 8, 1976, 397 Mich 54, now, therefore, the motions for costs, expenses, and attorney’s ... | [
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McDonald, J.
This action is brought to recover damages for injuries received in a collision between an automobile and a horse-drawn vehicle in which the plaintiff was riding. At the time of the accident the plaintiff was 10 years of age. At about 9:30 o’clock in the evening of August 5,1920, he was riding with his gran... | [
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Fellows, J.
Defendant Charles S. Weaver perfected a so-called “common-law trust,” to hold certain oil leases and develop supposed oil properties. It was organized in Chicago, Illinois. It is intimated that such trusts fell under the ban in Illinois and defendant came to Muskegon, where he had formerly resided, to sell ... | [
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Sharps, J.
Charles A. Chapin, a resident of Cook county, Illinois, died in Chicago on October 22, 1913, leaving a last will and testament. In the second paragraph thereof he devised and bequeathed the residue of his estate to his wife, Emily C. Chapin, and his seven children, naming them, as trustees. The trustees are ... | [
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Moore, J.
We quote from the record as follows:
“Counts one and two of plaintiffs’ declaration counted against two defendants other than Daniel F. Comeail, which defendants had been joined at the time of commencement of suit, and under order of the court plaintiffs had elected to proceed to trial in this action against ... | [
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Clark, C. J.
James A. Patton received a mutual benefit certificate from plaintiff society, in which his then wife, Phebe Patton, was named as beneficiary. On May 9, 1908, while a suit for divorce was pending, Mr. Patton effected a change of beneficiary in accordance with the by-laws of the society, and a new certificat... | [
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Fellows, J.
{after stating the facts). In the answer of defendants the defense of laches was not set up; neither the owner of the land nor the defendants have been harmed by the delay; and public policy requires a disposition of the case on the merits. Defendants contend-that the provisions of the new charter apply to ... | [
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Clark, C. J.
Plaintiff signed subscription for 50 shares Of the capital stock of the defendant, the consideration named being $5,000, $1,250 cash, remainder in deferred payments. For the $1,250 he gave his negotiable promissory note, which, in the hands of a holder for value without notice, he was made to pay in the th... | [
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Fellows, J.
Defendant Cornelius Zwagerman owned some land which was needed by the county of Ottawa for highway purposes. The land adjoined the right of way of the Pere Marquette Railway Company and was used for coal sheds with a spur or side track running along their side but on the lands of the company. Negotiations p... | [
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Sharpe, J.
On July 31, 1919, defendant executed two bonds as surety for William J. and S. M. Bacon, conditioned for the faithful performance of a contract they had entered into with the board of county road commissioners of the county of Saginaw, for the construction of a certain highway known as assessment district ro... | [
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Fellows, J.
Defendant was convicted of murder in the first degree. The testimony taken .on the trial is not set out in detail but the bill of exceptions shows that confessions made by defendant were received in evidence, that several witnesses testified that such confessions were voluntarily made and that no inducement... | [
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WlEST, J.
Convicted of criminal syndicalism defendant prosecutes review on exceptions before sen-' tence. The information charged:
“That heretofore, to wit, on the 20th day of August A. D. 1922, in the township of Lake * * * (Berrien county, this State), C. E. Ruthenberg did voluntarily assemble with a certain society,... | [
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McDonald, J.
The defendant was convicted on an information charging a wilful and felonious assault upon one Gabriel Veldhouse, with a dangerous weapon, to wit, a black-jack, without intending to kill and murder or to do great bodily harm less than the crime of murder. Veldhouse was a milkman. About two o’clock in the m... | [
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Sharpe, J.
Defendant reviews on exceptions before sentence his conviction of the crime of assault with intent to kill and murder one Mary Frelick. Dissension and strife between defendant and his wife, Bernice, caused their separation about April 1, 1922. His suspicion that his wife was unduly intimate with a man named ... | [
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Clark, C. J.
An automobile, owned and driven by defendant, collided on a public highway in Wayne county with a bicycle on which plaintiff was riding. Plaintiff was injured, and had judgment. Defendant brings error.
At about 3:30 p. m., on Friday, November 16, 1923, the jury, of both men and women, retired to consider a... | [
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Bird, J.
Plaintiff took a default judgment in the Wayne circuit court against defendant in a personal injury case. Upwards of six months thereafter defendant filed a motion to vacate the judgment and open the default. The motion was denied and defendant brings the matter to the attention of this court by writ of error.... | [
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McDonald, J.
In this action the plaintiff is seeking to recover the initial payment on a preliminary agreement for the purchase of the lease and furniture of the Abbottsford apartments on Peterboro avenue, in the city of Detroit. The suit is brought on the theory that the defendants misrepresented the number of apartme... | [
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Bird, J.
Plaintiff filed his bill in the superior court for the city of Grand Rapids, praying for a decree reforming a certain lease made with the defendant Oltman, and afterwards assigned by him to the Burleson Sanitarium. From a decree granting the relief sought defendant Burleson Sanitarium appeals.
We have carefull... | [
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Steere, J.
In September, 1921, John Kukieika and Leokadya Kukieika, his wife, were in possession as owners under a land contract of a farm consisting of 195 acres lying in Orion township near Clarkston, in Oakland county, Michigan. They had obtained it from on© John Harger, of Pontiac, at a stated price of $29,750 and ... | [
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Wiest,«J.
Charged, in common-law form, with the crime of murder, defendants stand convicted of manslaughter, and prosecute review on exceptions before sentence.
Henry Gerling, aged 85, lived alone, in the country near Watervliet, Berrien county. April 14, 1921, a neighbor, noticing no light in Mr. Gerling’s house for m... | [
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STEERE, J.
Plaintiff is a manufacturer of shoes located in St. Louis, Missouri. Defendant is a tanner and sole cutter located at Muskegon, Michigan. This litigation involves a car load of scrap sole leather known as “heeling,” used for lifts in shoe heels, bought by plaintiff from defendant by sample and rejected becau... | [
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Fellows, J.
Some years ago in the township of Arenac, in Arenac county, a highway bridge was maintained across Rifle river cut. It was washed out in a period of high water and since 1919 a foot bridge has been maintained by the township for the use of pedestrians only. It is taken down in flood times and put up each sp... | [
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Moore, J.
A decree of divorce was granted in this case and the property rights of the parties were settled in a decree filed February 25, 1924. No claim of appeal was made within the time limited by the statute. On May 19, 1924, a motion was made for a rehearing by the plaintiff on the claim that her property rights ha... | [
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Sharpe, J.
For more than 30 years prior to the commencement of this suit a highway had existed in the defendant township known as the “Blackmer road.” One-naif mile south of the village of Ravenna, and at the intersection of sections 10, 11, 14 and 15, it crossed a stream known as Crockery creek. A new bridge had been ... | [
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Wiest, J.
Plaintiff’s husband was foreman of the elevator plant of defendant bean company at Saginaw. In the plant were cement bins for storage of grains. Grains were elevated to and poured by spouts into the tops of bins through manholes. In the course of elevation of grains cyanide crystals were added to develop hydr... | [
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Fead, J.
Plaintiff had judgment for negligent personal injuries on trial before a jury.
About 9 o’clock in the evening of March 4, 1932, defendant, with plaintiff and Ingraham as guest passengers, drove from Plainwell to Cressey to attend a dance. There being no dance, they started back toward Plainwell. When near a cr... | [
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... |
Fead, J.
August 31, 1929, Wolok sold premises in Detroit to Trongo on contract reciting down payment of $1,000 and balance of $7,500, payable at $65 per month.
April 10, 1930, Wolok sold his vendor’s interest to plaintiff Kean for $5,900. The transaction was handled for plaintiff by his son Sam, a sort of general agent... | [
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Bushnell, J.
This is an appeal from a declaratory decree which determined that Act No. 167, Pub. Acts 1933, as amended by Act No. 77, Pub. A.cts 1935, the “general sales tax act,” is not applicable to the sale of gas and electricity by municipalities from municipally owned and operated utilities.
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Toy, J.
Plaintiffs and appellants are common and contract motor vehicle carriers operating over the highways of this State under permits issued by the Michigan public utilities commission. They operate many motor trucks, tractors, trailers and semi-trailers in their business.
In their bill of complaint they attack the ... | [
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Sharpe, J.
This is an appeal from the appointment of a receiver for the Liquidating Holding Corporation and the failure to grant a motion to dismiss plaintiff’s bill of complaint. Plaintiff filed a bill of complaint in which she states that she is the owner of 800 shares of the common stock of the Liquidating Holding C... | [
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Wiest, J.
The city of Charlotte, in its public park, among playground equipment for children, provided a swing, constructed with timber posts set in concrete, notched at the tops to hold an iron crossbar about four inches in diameter and 16 feet in length, to which were attached, by chains, four swings. "While plaintif... | [
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Btjshnell, J.
In reply to an inquiry from defendant, Albert C. Fischer, a resident of Chicago, Raymond R. White, president of plaintiff company, called him at his summer home, about 12 miles from Harbor Springs. Defendant was interested in procuring an irrigation system and had addressed a similar inquiry to another ma... | [
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Sharpe, J.
Defendant, Henry Mellor, was tried and convicted in the recorder’s court of the city of Detroit, traffic and ordinance division, of the offense of driving a motor vehicle while under the influence of intoxicating liquor in violation of 1 Comp. Laws 1929, § 4695, as amended by Act No. 318, Pub. Acts 1939 (Com... | [
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Boyles, J.
Bill of complaint was filed seeking construction of a will, a determination of the amount still unpaid to plaintiff and a lien to secure the payment thereof, and that defendants be restrained from prosecuting a hearing on final account in probate court.
Plaintiff was the wife of Fred B. Phillipson, now decea... | [
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Boyles, J.
(dissenting in part). Plaintiff, as administratrix of the estate of her father, seeks to recover a sum of money admittedly received by the defendant, St. Casimir’s Savings & Loan Association, either as a “deposit,” or an “investment” in membership certificates. Defendant Frank J. Kolodziejski was employed by... | [
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Boyles, J.
Plaintiff brought suit against Ella A. Bench, as survivor of her husband, Edward J. Bench, on a promissory note as follows:
“1200.00/100 Detroit, Mich., June 10, 1932.
“One year after date I promise to pay to May Binne or order twelve hundred 00/100 dollars at •............value received with sis per cent, i... | [
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Bushnell, J.
Defendant Joseph Sarnoff was convicted in two cases by a jury in the recorder’s court for the city of Detroit, traffic and ordinance division, of violations of section 2969 of the building code of the city of Detroit, ordinance No. 131-D, being an amendment to ordinance No. 354 — O. First, in one case it w... | [
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Boyles, J.
This is an action in chancery to set aside transfers of certain bank stock to defendant Richmond Realty Company by defendants Walter C. Piper, Hugo J. Hesse and S. Marie Hesse and to subject them to tbe statutory liability as stockholders of the Q-arland State Bank of which plaintiff is receiver.
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Boyles, J.
Plaintiff claims $5,000 damages for breach of an alleged agreement by defendant to pay that siim to plaintiff if he (defendant) adopted the principles and design of a certain speedboat. The alleged contract is thus set ont by plaintiff in his declaration:
“Count I
I.
“That in the month of March, 1934, in the... | [
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Bushnell, J.
This is an appeal by plaintiff Melvin Nicewander from a judgment of no cause of action entered upon the verdict of a jury. In answer to plaintiff’s declaration claiming damages resulting from an intersection collision, defendant James Diamond filed a cross-declaration in which he also claimed damages. The ... | [
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Chandler, C. J.
The plaintiffs, who are the civil service commission of the State of Michigan and the four individual members thereof, who are suing in their official capacity, ask that a writ of mandamus be granted against the auditor general of this State requiring him to pay in full certain disbursements which they ... | [
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Butzel, J.
An action, begun by Gertrude Mac-Lean and Eliza Fitzgerald, as plaintiffs, against Lee Harp, doing business as Harp Brothers, as defendant, in the circuit court for the county of Wayne in chancery, was assigned for hearing to Hon. George W. Sample, circuit judge of Washtenaw county, sitting in Detroit as a v... | [
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Potter, J.
Upon a bill to foreclose a real estate mortgage a final decree was entered October 24, 1932, for $48,000 principal and $7,318.80 interest. Troyoak Land Company purchased the premises of the Oakwayne Farms Company and assumed and agreed to pay the mortgage. Defendants were by decree to pay the mortgage, inter... | [
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0,
52,
63... |
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