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Per Curiam.
Tbe clerk has no authority to determine wbat deduction should be made on account of undue prolixity. It rests entirely with tbe court to determine whether such an abuse exists, and this will be done usually when tbe ease is disposed of. It is not always tbe fault of tbe appealing party that tbe record assum... | [
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Graves, J.
The circuit court affirmed the judgment rendered by a justice of the peace in favor of Dodge against Rawdon, and the latter alleges error.
The declaration specially described the cause of action as arising upon a contract between the parties whereby Rawdon agreed to pay Dodge $90 in case the latter would cau... | [
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Marston, J.
These cases were heard together and will be disposed of as one case.
In the petition for acquiring the right of way, it was set forth that Mary A. Patón owned or claimed to have an estate or interest in the lands sought to be acquired. Mary A. Patón did not appear, and a discontinuance as to her was entered... | [
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Marston, J.
Freoff brought an action of trover to recover the value of certain property [including a number of animals] taken by Mrs. Brink upon a chattel mortgage after default in the payment of the first installment, and. sold to satisfy the entire amount secured by the mortgage before due.
Mrs. Brink had the right t... | [
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Graves, J.
The plaintiffs recovered judgment against defendant for certain commissions, and a review of the proceedings is asked upon a case made.
The defendant owned certain real estate he wished to sell or exchange, and he employed the plaintiffs to aid him. The arrangement was in' writing and signed by defendant in ... | [
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Marston, J.
The record presented in this case is very unsatisfactory indeed, and must prevent us from passing upon the questions raised as was expected by counsel.
It was claimed upon the argument that in Yost v. American Ins. Co., 39 Mich., the court disposed of the case when the facts were not fully presented and upo... | [
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Cooley, J.
The defendants in error brought action in the court below to recover damages for defects in a steam-boiler which plaintiffs in error constructed and put up for them in a vessel under a special contract. By the verdict of a jury they recovered a judgment of one thousand, dollars. Many exceptions were taken on... | [
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Marston, J.
This is a controversy concerning the title to certain horses and oxen.
The parties entered into a logging contract, and agreed that there should be deducted out of the last payment pay for the tools and teams furnished by Haire. February 1st, 1877, the parties met and had a settlement of account up to that ... | [
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Campbell, C. J.
Henry Nibbelink, the defendant in error, presented certain claims against the estate of his father, Seth Nibbelink, which were rejected by the commissioners, but allowed on appeal to the circuit court for Ottawa county, from which error is brought into this eourt. These claims consisted chiefly of earni... | [
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Campbell, C. J.
Mrs. McClung filed her bill for divorce on the grounds of cruelty and adultery. The causes of trouble, so far as they appear in the proofs, are very closely connected, and arose chiefly from conduct of an improper character with two women named Taylor and Jadwin. The defense rests on either denials or e... | [
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Graves, J.
One William Dunham and the plaintiff' in error, John C. Clark, being owners of a steam saw mill at Frankfort, leased the same in writing to one J. Beed Emery for six months from April 24, 1877. Emery entered under the lease and held not only to the end of the term on the 24th of October, but until some time ... | [
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Graves, J.
Complainant granted to defendant certain real estate in Chicago in exchange for part of a fruit farm in Berrien county. The original bargain was made in writing in Chicago, and was consummated April 20th, 1875. The premises ,to be conveyed by defendant were described therein as “being the south half of the f... | [
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Marston, J.
Under the issue as framed in this case, evidence tending to show undue influence was competent and admissible in evidence. The court in charging the jury; being of opinion that upon this branch the testimony did not tend to show undue influence, withdrew that question from their consideration.
The answer of... | [
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Marston, J.
Marsh brought ejectment to recover a strip of land eighty-one and a half feet wide, and obtained a judgment therefor.
From the findings of the court it appears that Stewart and Ives were owners of a certain block of land; that by a written contract they sold two acres thereof to John Daily in 1857, and that... | [
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Marston, J.
The only question presented in this case is as to the sufficiency cf a description of certain oxen in a chattel mortgage, which had been duly filed, as against one claiming to be a subsequent bona fide purchaser.
The description was: “all the cattle, consisting of two yoke, aged six and seven years, color, ... | [
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Cooley, J.
The bill in this case seeks the foreclosure of a certain mortgage given by Andrew and Orrin D. Garrison to John Garrison, the payment of which had been assumed by the defendant Charles L. King. A formal discharge of the mortgage had been given by Orrin F. Howard, the first administrator on the estate of John... | [
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Campbell, C. J.
Suit was brought by the bank on three negotiable promissory notes of $500 each, made at three months each, on April 5th, May 10th, and June 9th, 1876, by the Daniels Italian Marble and Burial Case Company to the order of seven persons of whom plaintiffs in error formed a part. These notes were given to ... | [
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Cooley, J.
Defendants in error are produce brokers and commission merchants in the city of Detroit, doing business under the copartnership name of J. H. Wendell & Co. Plaintiffs in error are dealers in produce, among other things, at Owosso, Michigan, under the firm name of Gregory & McHardy. In April, 1877, Gregory wa... | [
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Graves, J.
This case comes up on exceptions before judgment.
The defendant was convicted in the Recorder’s court of the city of Detroit, on a charge of stealing sixty-four dollars from the store of Oren T. and Alvin N. Sabin in the day time. The money was kept in a cigar box in a vault in the office.
There was evidence... | [
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Graves, J.
This certiorari is brought to review proceedings by a township drain commissioner. The record charges many errors, but only one ground of complaint will be specially noticed. Several objections are unimportant, and one defect which plaintiff’s counsel suggested when the case was submitted is, not alleged as ... | [
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Cooley, J.
Defendant in error is and was in April, 1877, the wife of Charles L. Bounds. Her husband previous to the time named, had been engaged in mercantile business in partnership with one Shakespeare, and the copartnership went into bankruptcy in that month. Plaintiff in error was then appointed assignee in bankrup... | [
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Campbell, C. J.
Complainant as heir-at-law of one-tenth and grantee of three-tenths of her grandfather Joseph Smith’s estate, filed her bill to establish a trust in her favor in certain lands in Manistee county, known as lots 6 and 10 of section 6 in township 21 north of range 16 west, and lot 1 of section 1 in townshi... | [
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Cooley, J.
Delators were contractors with the city of East Saginaw for the grading of a street in that city. Under the provisions of the city charter, payment for the work could only be made from a special assessment made for the purpose.
One of the property owners whose lands were assessed contested his liability, and... | [
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Campbell, C. J.
Defendant was convicted of burglary in the alleged nocturnal breaking and entering of the house of one Charles L. Stevens, in Detroit, and stealing a quantity of silver and other small articles therefrom. The only evidence connecting defendant with the offense was his arrest with a satchel containing th... | [
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Graves, J.
Yan Dusan sued on the common counts for services in making a sewer. A written agreement had been signed and he claimed for an unpaid portion of the agreed price and for some items supposed to be outside of the express terms, but asserted to be justly chargeable. It appears that recovery was opposed on severa... | [
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Marston, J.
This is an application for a mandamus to compel the board of supervisors of Kent county to audit and allow certain accounts presented by the city of Grand Eapids for police justice and police officers’ fees.
Under an act to establish and organize a police court in the city of Grand Eapids, certain criminal ... | [
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Marston, J.
May 10, 1875, complainant made and delivered to defendant his promissory note for fifty dollars, payable six months after date with ten per cent, interest, and to secure payment thereof he executed and delivered a mortgage upon certain real estate. This mortgage contained a clause, “ that as often as any pr... | [
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Campbell, C. J.
Stuart was sued on a verbal promise to pay the note of John Fitzpatrick and John Fitzpatrick, junior, owned by Gower, but now lost. Delay was made at his request, and he made some payments. The ground relied on for taking the case out of the statute is the alleged fact that he held Fitzpatrick’s propert... | [
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Marston, J.
The Alpena Lumber Company brought an action of trover to recover the value of certain logs purchased by defendants below at a mortgage sale.
Both parties claim title through the firm of B. Cushman & Co., the defendants, under two chattel mortgages •given January 20th and June 12th, 1874, and a sale thereund... | [
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Campbell, C. J.
This case, which is ejectment brought by Chapin and Foss against defendants in error, involves, the effect of a ten years’ possession under a tax-title.
The defendants’ grantors went into possession of the premises in question under a tax deed in April or May, 1865, more than ten years before this suit ... | [
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Marston, J.
Isaac N. Jenness is sought to be charged as endorser upon certain promissory notes made in September and December, 1877, by the firm of A. & H. Fish, payable to the order of I. N. Jenness & Co. and Frances S. Fish.
The firm name of A. & H. Fish as makers and of I. N. Jenness & Co.' as endorsers was signed b... | [
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Per Curiam.
Mandamus to compel tbe police justice' to entertain a complaint for embezzlement of county funds, made by Calvin B. Crosby, treasurer of Wayne' county, against Christopher Apel, a ward collector of Detroit.
The police justice declined to receive the complaint,, which was otherwise regular, on the ground tha... | [
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Campbell, C. J.
Brooks having been ordered as receiver to pay over certain moneys to relator within forty'days, refused on application within that time to pay it, claiming the full time. After its expiration, he refused to do so on the ground- that on the same day he had been served with garnishee process issued by a j... | [
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Per Curiam.
Mandamus will not lie to compel a circuit court to proceed to trial when a bill has been filed and injunction allowed to restrain it. The sufficiency of the bill cannot be reviewed collaterally, whether the bill is in the same or another court. | [
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Campbell, C. J.
Austin, as grantee of the heirs of Benjamin F. Bush deceased, brought this suit to establish a trust in certain lands in Kent county, entered by Bush at the State land office in 1865, and patented to Knapp as alleged assignee of the certificate, July 19, 1871.
Knapp conveyed to Dean January 16, 1877, ha... | [
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Per Curiam.
The jury law makes jury fees in courts of record with a seal payable out of the county treasury.
This is applicable to the Superior Court of Detroit; affirming Covell v. Treasurer of Kent County, 36 Mich., 332. | [
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Graves, J.
Alverson sued out an attachment from a justice of the peace of the city of Manistee against Dennison for a civil debt and it was delivered to the city marshal for service. That officer returned that he had served the writ personally, but made no statement as to the place or the particulars of the mode of ser... | [
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Per Curiam.
In this case, counsel when taking testimony and also in the preparation of their briefs for argument in this court, referred to and treated the books of the firm as though they had been formally introduced in evidence, and used upon' the hearing in the court below. Yet they have not been returned to this co... | [
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Marston, J.
A careful examination of the record fails to show that plaintiff in error has any cause of complaint. The court certainly charged the jury, as to the right of an officer to make arrests without warrant for breaches of the peace, as favorably as common law rules would warrant, and we are not at present prepa... | [
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Per Curiam.
Appeals from these proceedings are allowable in the same manner as on judgments rendered by justices of the peace. Comp. L., § 6718.
The circuit court has power to hear applications to extend time for appeal, when the judge is satisfied that the party has been deprived of his appeal by causes beyond his con... | [
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Cooley, J.
Defendants in error brought suit upon an account for goods sold. Plaintiffs in error defended. When the cause was called for trial, counsel for the plaintiffs below stated in opening the case to the jury that he supposed the account would be admitted, and turned to defendant’s counsel, who at first said in e... | [
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Cooley, J.
Complainant files his hill as one of the heirs-at-law of Hugh Smith, late of the county of Wayne in this State, deceased, to set aside a conveyance of certain real estate made under an order of the probate court for the county of Wayne by the administrator of the estate of said Hugh Smith for the purpose of ... | [
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Marston, J.
There is a fatal error in this ease. The writ, which was made returnable August 6th, was returned, not personally served on defendant, August 5th. Afterwards the sheriff of his own motion made a farther return. This he could not do without leave of the court properly granted.
The judgment must be reversed w... | [
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Campbell, C. J.
This controversy, which is chiefly to obtain a settlement of partnership affairs, contains two main branches: First, a cause of action against Daniel H. Waters for such accounting; and second, a claim against Bemington for the use of certain property which had been previously used by the same partnershi... | [
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Cooley, J.
Gongdon took proceedings before a circuit court commissioner to recover possession of a store which Benfey had held under him by lease. The proceedings were removed to the circuit court by appeal, and the errors relied upon here arise upon exceptions taken on the trial in that court.
It appeared without disp... | [
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Marston, J.
This was an action brought to recover damages for injuries received while working in the saw mül of defendant.
The evidence on the part of the plaintiff went to show that he had been working in and about the mill some fourteen days; that he was placed near the gang and had to carry slabs from the gang and p... | [
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Cooley, J.
The writ of certiorari in this casé is sued out to review the action of the drain commissioner in laying out and establishing a drain under the act “to provide for the draining of swamps, marshes and other low lands,” approved March 22, 1869, as amended by act No. 169 of 1871. General Laws of 1871, Vol. 1, p... | [
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Marston, J.
While there was evidence in this case tending to show that a highway had been surveyed and laid out, also that work had been done thereon and the road traveled, yet the exact location of the highway as laid out, worked and traveled was disputed by the plaintiff herein. In other words, the plaintiff in certi... | [
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Marston, J.
The evidence in this case tended to .show that the note sued upon was given for liquors; that an agent of the plaintiffs below called at the place of business of defendant and took the order which was sent on to his principals in New York, by them approved and the liquors shipped. The court upon this theory... | [
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Per Curiam.
Motion to dismiss appeal on the ground that the order appealed from was not an appealable order. The order was one for the allowance of temporary alimony, and was therefore interlocutory and not appealable, and the motion must accordingly be granted.
The case, however, was really settled before the order fo... | [
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Campbell, C. J.
Complainant filed his bill to enforce his rights under two mortgages on property at Eaton Rapids, made by Jehiel and Huldah Toles, and owned by him, and long past due. One of them had been once foreclosed • irregularly, and that foreclosure is now out of the controversy. The bill contains some special a... | [
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Coolex, J.
The plaintiff counts upon a breach in the covenant of seizin contained in a deed of conveyance of a certain forty-acre lot of land, constituting one-quarter of a certain quarter section, which defendant executed to him many years since. The consideration mentioned in the deed was $350. It appears that plaint... | [
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Campbell, C. J.
Harvey proved a claim against the estate of John T. McKeown for heating apparatus contracted for during his life, but mostly set up after his death. The case was appealed to the circuit court for Wayne county, where it was referred, and the claim allowed.
There was no written contract, but a paper was p... | [
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Cooley, J.
The bill in this case was filed to enjoin the sale of real estate in satisfaction of a paving assessment. The amount for which the city claims a right to sell is less than one hundred dollars, and it is made a ground of defense that the amount • involved is not sufficient to give the court jurisdiction. But ... | [
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Marston, J.
There was evidence given in this case on the part of the plaintiff below that he sold goods to the wife of plaintiff in error upon one year’s time under an express contract; that the goods were delivered; that an account therefor was rendered to Mr. Miller and by him retained without objection. There also w... | [
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... |
Graves, J.
Plaintiffs in error made claim against defendant in error for professional services rendered as they alleged at his express request and for his benefit in connection with bankruptcy proceedings prosecuted against the firm of Young & Dean, defendant in error being the father of the latter member of that firm ... | [
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Graves, J.
Phillips brought ejectment for the undivided three-eighths of the north half of the west half of the northwest quarter of section sixteen, in the township of Sturgis, in the county of St. Joseph, and was allowed to recover, and the defendants below brought error. The material facts are not disputed.
In 1850 ... | [
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Cooley, J.
These are somewhat remarkable cases. The complainant in the original bill is administrator of Charles R. Mitchell, a former resident in Kent county in this State, who died in February, 1873, intestate. By the bill which makes Mary C. [Mitchell and Samuel C. Chesney defendants, he avers that his intestate die... | [
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Marston, J.
The respondent was tried upon an information charging him with having feloniously, willfully and of his malice aforethought killed and murdered one George Fuller. The evidence was circumstantial. While it tended to show that the crime charged had been committed by the respondent, and while the jury might un... | [
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Marston, J.
The finding of fact's by the court in this case is sufficient to sustain the conclusions of law and judgment rendered thereon.
The claim made that under the finding of facts the cause of action was barred by the statute of limitations cannot be sustained. The court did find “that some time during the year 1... | [
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Marston, J.
It would be somewhat difficult to properly characterize the remarkable course adopted in this case to induce the respondent to make a confession, and it would be still more difficult to say that it could, under the circumstances, be used as evidence against the respondent when on trial. The course adopted b... | [
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Campbell, C. J.
Bailey and Hardy replevied a buggy from Webster who held it under an execution levy against one William W. Hooper. Bailey and Hardy were in business at Big Eapids, and had, or claimed to have had, an account against Hooper amounting to $72.77. According to Bailey’s testimony, he purchased the buggy from... | [
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Per Curiam.
There is no reason why the city should not be the moving party in such proceedings provided it moves on the application of parties in interest. There is nothing in the present application to show that the parties interested appeared before or applied to the common council, and that body cannot start such pr... | [
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Campbell, C. J.
Butters sued for trespass committed by the entry and holding at two separate periods by Tracy of a lumbering shanty. The chief defense is that there was no such title shown in Butters as to authorize the recovery.
The objections, as it seems to us, were rather of fact than of law. There was testimony te... | [
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Cooley, J.
The plaintiff, as administrator upon the estate of William Burke, brings suit to recover the avails of certain promissory notes, and an additional sum of money which it is conceded were the property of Wil liam Burke in his lifetime, and had been delivered to defendant for him as the purchase ■ price of cert... | [
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Marston, J.
This action was commenced in justice’s court to recover the amount due upon a promissory note executed jointly by said defendant and one Henry G. Johnson. The statute of limitations was pleaded. On the trial the note, with the indorsement of payments made thereon, was introduced in evidence. The plaintiff w... | [
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Allen, J.
The Court is presented with relatively significant questions pertaining to the law of product liability in Michigan. The circumstances foreshadowing this appeal began when plaintiffs, Messrs. Dooms and Sanders, suffered severe hand injuries on a rubber milling machine during the course of their employment at ... | [
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Quinn, J.
Defendant was charged with first-degree murder in a two-count information. Count I charged deliberate and premeditated murder; count II charged felony murder. Both offenses are specified in MCLA 750.316; MSA 28.548 as murder in the first degree. The evidence at trial supported both counts. The jury verdict wa... | [
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N. J. Kaufman, J.
Defendant State Highway Commission filed this interlocutory appeal, by leave granted, of two Ingham County Circuit Court orders, one granting plaintiffs’ request for a preliminary injunction and the other denying defendant’s motion for summary judgment.
The catalyst for this litigation was an attempt ... | [
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Quinn, P. J.
Charged with first-degree murder, MCLA 750.316; MSA 28.548, and assault with intent to commit murder, MCLA 750.83; MSA 28.278, the jury convicted defendant of second-degree murder, MCLA 750.317; MSA 28.549, and assault with intent to commit great bodily harm less than murder, MCLA 750.84; MSA 28.279. He wa... | [
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McGregor, J.
Defendant, Allan White, was convicted by a jury of larceny from a motor vehicle, MCLA 750.356a; MSA 28.588(1), and was subsequently sentenced to a term of 3 to 5 years in prison. He appeals as a matter of right.
The defendant raises five issues for our consideration. However, only one merits discussion. Th... | [
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D. F. Walsh, J.
Defendant was originally charged with the first-degree murder, MCLA 750.316; MSA 28.548, of Ulysses Thornton. The victim, a store guard, was one of three fatalities resulting from a shooting affray which took place during the attempted holdup of a neighborhood grocery store in Detroit on July 30, 1971. ... | [
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N. J. Kaufman, P. J.
Both parties appeal from a condemnation award in the amount of $184,127 rendered after a bench trial by the Ingham County Circuit Court. A jury had been impaneled but was, thereafter, waived by both parties.
The property in question is located at 115 W. Shiawassee Street in Lansing. At the time of ... | [
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R. M. Maher, J.
Plaintiffs appeal from an order granting defendant’s motion for accelerated judgment, GCR 1963, 116. We affirm.
Plaintiffs’ complaint, filed May 13, 1975, in circuit court, alleges personal injuries caused by defendant’s negligence in an accident on May 19, 1972, involving their automobile and an automo... | [
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F. C. Ziem, J.
Plaintiffs appeal from the lower court’s grant of summary judgment in favor of defendants under GCR 1963, 117.2(3) entered on March 2, 1975.
On May 8, 1970, plaintiff Annie McCurtis, an employee of the third party defendant Cunningham Drug Stores, Inc., allegedly fell down a flight of steps located in th... | [
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McGregor, J.
Before the present action was commenced, plaintiffs had sought to have their property in West Bloomfield Township rezoned from R-15, residential, to 0-1, office buildings. This change in zoning was desired because plaintiff Harris W. Mainster, a doctor, had offered to purchase the property, subject to rezo... | [
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D. E. Holbrook, Jr., J.
Plaintiff entered into a contract with McDe Construction in August, 1969, to construct a building which the plaintiff was to lease to the Federal government for use as a post office. Pursuant to the contract, on June 30, 1970, McDe secured a performance bond and a payment bond from the defendant... | [
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M. F. Cavanagh, P. J.
Defendant was convicted by a jury of armed robbery, MCLA 750.529; MSA 28.797, and sentenced to 7-1/2 to 15 years in prison. He appeals of right.
The case against defendant was based primarily upon the identification testimony of three witnesses, all employees of the credit union. The first witness... | [
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R. E. Noble, J.
We are asked to determine if defendant State Board of Cosmetology complied with the state Administrative Procedures Act, MCLA 24.201 et seq.; MSA 3.560(101) et seq., in revoking plaintiffs license to operate a school of cosmetology.
Plaintiff, a Detroit cosmetology school, received a document December 2... | [
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J. H. Gillis, J.
A jury convicted defendant of uttering and publishing, contrary to MCLA 750.249; MSA 28.446. She was sentenced to a 2-1/2 to 14 year prison term, and appeals as of right.
On June 15, 1973, a woman attempted to cash a stolen check in a Port Huron grocery. The check was drawn on the account of one Shirle... | [
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T. M. Burns, J.
Plaintiffs bring an original mandamus action seeking in effect to have the state funding of the Pontiac Stadium cut off. The complaint requests various forms of relief, including a temporary restraining order, a preliminary injunction, and a permanent injunction against the City of Pontiac and the Ponti... | [
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N. J. Kaufman, J.
Plaintiff Willie Washington appeals from the grant by the Wayne County Circuit Court of a motion made by defendant union and defendant union officers for an accelerated judgment against him, GCR 1963, 116.1(5). The accelerated judgment was based on a finding by the trial court that plaintiffs claim wa... | [
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Per Curiam.
Defendant, James Donald Freed, was convicted of carrying a concealed weapon, MCLA 750.227; MSA 28.424, and carrying a firearm with unlawful intent, MCLA 750.226; MSA 28.423, on June 6, 1974, after a two-day jury trial. On July 16, 1974, defendant was sentenced to concurrent prison terms of 2-1/2 to 5 years ... | [
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8... |
Per Curiam.
We are called upon to decide a single question on appeal:
Should a buyer who assumes a mortgage be allowed to assert the illegality of the original mortgage agreement?
We answer that question in the negative, and affirm the trial court.
Plaintiff brought suit against defendant Loretta Johnson and defendant-... | [
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D. E. Holbrook, Jr., J.
On February 1, 1974, the defendant entered a plea of nolo contendere to a charge of unarmed robbery, MCLA 750.530; MSA 28.798. He was thereafter sentenced to serve a 5 to 15 year prison sentence and now appeals as of right.
On appeal defendant raises three allegations of error, only two of which... | [
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N. J. Kaufman, J.
Defendant was originally charged with felony murder, MCLA 750.316; MSA 28.548. In Detroit Recorder’s Court on March 10, 1975, he proffered a plea of nolo contendere to an added charge of unarmed robbery, MCLA 750.530; MSA 28.798. The trial court took this plea under advisement and, on April 4, 1975, a... | [
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Quinn, J.
On leave granted, the people appeal from an order quashing the information in this case. The basis for that order was the finding by the trial court that the search warrant involved was illegally issued by a judge of Detroit Common Pleas Court. Hence, the evidence which supported the charge of unlawful posses... | [
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Bashara, J.
This is an appeal from a judgment of the Oakland County Circuit Court reversing a decision of the Michigan Teachers’ Tenure Commission. The commission had reinstated the previously discharged appellant.
Appellant has been a tenured teacher in the appellee school district since 1960. On April 19, 1973, pursu... | [
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D. E. Holbrook, J.
Defendant and two codefendants were charged with one count of armed robbery, MCLA 750.529; MSA 28.797, and one count of breaking and entering, MCLA 750.110; MSA 28.305. However, pursuant to a plea bargain, the defendant and his two codefendants pled guilty to an added count of assault with intent to ... | [
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McGregor, P. J.
Saginaw Township instituted proceedings against the defendant for the purpose of condemning 3.47 acres of defendant’s land in order to expand the township’s solid waste disposal facility. At the conclusion of a condemnation hearing in which the defendant appeared in propria persona, the jury entered a v... | [
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Per Curiam.
The origin of this suit stems from a vacancy on the Schoolcraft Memorial Hospital Board of Trustees [hereinafter defendant] created by the resignation of the hospital’s chief executive and board member. Plaintiff, Schoolcraft County Board of Commissioners, sought to appoint one of its members to the defenda... | [
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Allen, J.
A jury convicted defendant, a prison inmate, of unauthorized possession of an implement by a convict which may be used to injure another. MCLA 800.283; MSA 28.1623. He appeals raising three assignments of error, one of which merits discussion.
Defendant asserts he was convicted under an unconstitutionally vag... | [
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Per Curiam.
Plaintiff, Debra Wynglass, appeals the grant of defendant’s motion for summary judgment, GCR 1963, 117.2(3), by the Wayne County Circuit Court.
The issue in dispute involves a policy of insurance under which Raynel Wynglass was the named insured and Debra Wynglass was the named beneficiary. On Raynel’s deat... | [
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Bronson, J.
Prior to March 15, 1969, plaintiffs each filed with defendant their Michigan income tax returns for 1968 showing various tax liabilities, which were all paid by plaintiffs. In 1971, each plaintiff filed an amended return claiming refunds in various amounts for 1968, resulting from the carry-back of net oper... | [
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Bashara, J.
Defendant appeals from a bench trial and conviction of receiving and concealing stolen property over the value of $100, contrary to MCLA 750.535; MSA 28.803.
At trial Detroit police officer Henry testified that he stopped a 1972 Thunderbird automobile at 4 a.m. for speeding. When defendant could not produce... | [
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R. B. Burns, J.
Plaintiff appeals from an adverse decision of the Workmen’s Compensation Appeal Board reversing its hearing referee and denying dependency benefits.
Plaintiffs left hand was amputated as the result of a die press accident while he was working for defendant. At the time of the accident, plaintiff had bee... | [
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N. J. Kaufman, J.
Defendants appeal a judgment entered against them by the Court of Claims. This is one of those troublesome cases, so conducive to making bad law. It involves the tragic deaths of three individuals for whose survivors the law of governmental immunity must deny legal recourse. Our sympathies naturally r... | [
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Per Curiam.
Defendant appeals as of right from his November 8, 1974 jury convictions of first-degree murder of Miss Annie Washington, MCLA 750.316; MSA 28.548, and assault with intent to commit murder of James Benson, father of Miss Annie Washington, MCLA 750.83; MSA 28.278. Both of the victims were shot by defendant u... | [
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Bashara, P. J.
The appellant, Michigan Mutual Liability Company, appeals from a judgment holding the appellant responsible for both prejudgment and post judgment interest on a verdict that was within the limits of a liability policy issued by the appellant.
This action arose when an automobile driven by the appellee, M... | [
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Per Curiam.
Plaintiff sought and was granted an order of superintending control by the Ingham County Circuit Court. The order directed defendant Civil Rights Commission (CRC) to dismiss four cases, involving plaintiff, then pending before it. Defendant appeals this order.
On October 17, 1970, four former employees of p... | [
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