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Allen, J.
In this appeal as of right, plaintiffs challenge a March 6, 1985, order which dismissed their 42 USC 1983 claim with prejudice on the ground that the claim was moot. Plaintiffs concede that, pursuant to the resolution of condemnation proceedings instigated by defendant in 1982, they had already attained all t... | [
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Cynar, P.J.
Plaintiffs appeal by leave granted from an order of the Saginaw Circuit Court dismissing their appeal from the district court for failure to file a brief. They also appeal from the order of the district court granting defendant’s motion for directed verdict.
Plaintiffs instituted this action to recover mone... | [
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Per Curiam.
Defendant, Royden Walker, appeals the November 12, 1985, order of the Wayne Circuit Court, which denied the defendant’s motion to modify the alimony provision of the parties’ judgment of divorce. The defendant’s motion was made in anticipation of his retirement and the resultant decrease in his income. Foll... | [
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Per Curiam.
Defendant appeals by leave granted from a decision of the Workers’ Compensation Appeal Board which affirmed a decision granting plaintiff disability compensation benefits for a work-related heart condition. We reverse.
Plaintiff began working on February 17, 1969, and was forty-six years old at the time of ... | [
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Per Curiam.
The Michigan Public Service Commission and several intervening defendants appeal from an order of the Ingham Circuit Court which adopted the statutory rate of interest allowed in civil actions on money judgments, MCL 600.6013; MSA 27A.6013, as the appropriate rate of interest to be applied to refunds due cu... | [
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M. E. Dodge, J.
Plaintiff filed his complaint on August 13, 1985, alleging legal malpractice by defendant. Plaintiff attempted to serve defendant by certified mail on August 15, 1985, but failed to enclose a copy of the complaint. Service was attempted again by registered mail, return receipt requested, on August 19, 1... | [
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Beasley, J.
Defendant, Michael Timothy Willhite, pled guilty to unarmed robbery, MCL 750.530; MSA 28. 798, and to possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). The felony-firearm charge was based on defendant’s obtaining possession of guns owned by the victim during the armed r... | [
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J. H. Gillis, J.
Plaintiff appeals as of right from an order of the circuit court dated May 22, 1985, granting summary disposition in favor of the defendant on plaintiff’s claims of negligence.
On October 31, 1984, plaintiff Gary Hetterle filed this action, seeking damages for injuries sustained in an accident which oc... | [
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Per Curiam.
Plaintiff appeals as of right from an order denying its summary disposition motion. Plaintiff had challenged the validity of defendant City of Ann Arbor’s zoning ordinances under which defendants Sorosis Limited Partnership and Sorosis Club of Michigan formulated plans to énlarge a home in Ann Arbor and to ... | [
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Beasley, P.J.
Claimant, James R. McMillan, filed for compensation under the crime victims compensation act, seeking to recover his medical and other out-of-pocket losses incurred as a result of being shot in the leg. A member of the respondent, Crime Victims Compensation Board, reviewed claimant’s application and denie... | [
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Per Curiam.
Plaintiffs appeal from an order of summary disposition in a third-party automobile negligence case. The motion raised the threshold question of whether Alex Washington (hereafter plaintiff) had suffered a serious impairment of body function as defined by Cassidy v McGovern, 415 Mich 483; 330 NW2d 22 (1982).... | [
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W. R. Peterson, J.
This is an appeal from the action of the probate court removing appellant, Richard Cook, as personal representative of the estate of Mikell John Cook.
On the face of it, the question is whether the probate court has the power to remove a personal representative who obtained his appointment by false r... | [
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Per Curiam.
Respondent, City of Ishpeming, appeals as of right from an order of the Michigan Employment Relations Commission in regard to an unfair labor practice charge asserted by the union representing supervisory personnel employed by the city under the provisions of the public employment relations act, MCL 423.201... | [
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Per Curiam.
On February 27, 1984, defendant pled guilty to a charge of entry without breaking with intent to commit larceny, MCL 750.111; MSA 28.306. He was sentenced on May 29, 1984, to a prison term of from twenty-seven months to five years and now appeals as of right.
Defendant’s first argument on appeal is that he ... | [
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Per Curiam.
Defendant was convicted by a jury of unlawfully driving away an automobile, MCL 750.413; MSA 28.645, and was sentenced to four months in the county jail. Defendant appeals as of right raising three issues, none of which requires reversal.
Defendant first argues that the trial court erred by denying his requ... | [
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Per Curiam.
Plaintiff appeals as of right from the circuit court’s order granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(10), based upon a finding that plaintiff had failed to show that his injuries met the no-fault threshold requirement of a serious impairment of a body function under MCL ... | [
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R. B. Burns, P.J.
This appeal arises out of the order terminating respondent’s parental rights during proceedings for the adoption of a minor child by his stepfather, petitioner Randall Kleinheksel, entered over the objection of respondent father. Following various hearings, the trial court terminated the parental righ... | [
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Per Curiam.
Plaintiff, John G. Lipka, commenced this action as administrator of the estate of his son, the deceased, John H. Lipka, who was struck and killed by a motorist while riding his bicycle across Hilldale in Clinton Township. He was struck on Hilldale, one hundred feet south of the intersection of Sargent, by a... | [
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Per Curiam.
This is a medical malpractice action. On February 26, 1979, defendants Dr. E. S. Woodworth and Dr. R. V. Stuber performed a tubal ligation on plaintiff Louella Thomas. Although the procedure was performed at defendant McPherson Community Health Center (health center or center), it is undisputed that defenda... | [
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Per Curiam.
Plaintiff appeals from an order of the circuit court granting defendant’s motion for summary judgment pursuant to GCR 1963, 117.2(3).
Plaintiff injured his back on May 6, 1982, during the course of his employment as a mechanic for a trucking company and as a result received benefits pursuant to the workers’... | [
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Per Curiam.
Respondent appeals from an order of the circuit court granting petitioner a restricted license. We reverse and reinstate the decision of the hearing officer.
The record reveals that petitioner’s driver’s li cense was suspended from September 29, 1982, through December 29, 1982, after petitioner refused to s... | [
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G. B. Ford, J.
Defendant appeals as of right from a jury verdict awarding $550,000 in damages to plaintiff for injuries incurred by plaintiffs deceased husband from a fall in a restaurant. Defendant was found liable as manufacturer of the quarry tile used on the floor of the restaurant, which plaintiff claimed was unsu... | [
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Per Curiam.
Defendant Michael D. Holland was charged with one count of possession of less than fifty grams of cocaine, MCL 333.7403, subds (1) and (2)(a)(iv); MSA 14.15(7403), subds (1) and (2)(a)(iv), and one count of possession of marijuana, MCL 333.7403, subds (1) and (2)(d); MSA 14.15(7403), subds (1) and (2)(d). P... | [
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Per Curiam.
Defendant was charged with indecent exposure and with being a sexually delinquent person at the time of that offense, MCL 750.335a; MSA 28.567(1). Defendant pled guilty to indecent exposure. Thereafter, he moved to quash the sexual delinquency charge on constitutional grounds. The trial court denied defenda... | [
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Per Curiam.
Plaintiff filed a products liability action against defendant and now appeals as of right from a grant of summary judgment in defendant’s favor. The circuit court ruled that, under California law, defendant did not owe a duty to plaintiff under the facts of this case. We affirm the trial court’s grant of su... | [
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Beasley, P.J.
On January 24, 1985, plaintiffs, Eric Blana and Gloria Blana, filed suit against defendant dentist, Dr. Ronald Spezia, claiming that defendant had committed dental malpractice in treating plaintiff Eric Blana for periodontal (gum) disease. Defendant moved for disposition pursuant to MCR 2.116(C)(7), forme... | [
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Per Curiam.
Plaintiffs appeal as of right from a circuit court order granting defendant’s motion for summary judgment.
In 1975, plaintiffs were the owners of Press’s Bakery, a restaurant in White Cloud, Michigan. In July, 1975, they obtained health insurance for themselves and the restaurant’s employees through a group... | [
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H. W. Moes, J.
Plaintiff appeals as of right from the October 10, 1984, order granting defendant Robert Langeland’s motion for summary judgment in this negligence action. Although the order does not expressly state the grounds upon which summary judgment was granted, a review of the trial court’s oral findings and conc... | [
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Per Curiam.
Defendant appeals as of right from a June 6, 1985, order entered in Shiawassee Circuit Court finding defendant in contempt for failure to comply with an interim order for child support. The trial court ordered defendant to pay $1,000 towards his arrearage or serve forty-five days in the county jail.
Plainti... | [
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M. R. Knoblock, J.
The defendants were charged with the offense of braking and entering a place of business with the intent to commit the crime of larceny therein, MCL 750.110; MSA 28.305. Before trial, the trial judge granted the defendants’ motion to suppress evidence and dismissed the case without prejudice. The peo... | [
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Per Curiam:.
Plaintiff appeals from an order denying modification or termination of alimony. We affirm.
Plaintiff and defendant were divorced in 1979 after a thirty-six-year marriage. The divorce judgment required plaintiff to pay alimony of $525 a week until defendant remarried or one of the parties died. In 1985, pla... | [
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Per Curiam.
Respondent, the Department of Treasury, appeals from an order of the Michigan Tax Tribunal which directed it to refund $341.33 in 1982 intangibles taxes to petitioner Mary Matz. We affirm.
The Michigan Tax Tribunal outlined the facts as follows:
On April 4, 1980, Mary Matz, a resident of the State of Michig... | [
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Per Curiam:.
Defendant, plaintiffs insurer, rejected plaintiffs proof of loss for fire damage to his house and garage, claiming that the amount claimed greatly exceeded the value of the loss and that the fires were set, or procured to be set, by plaintiff. Plaintiff responded by filing a complaint against defendant for... | [
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Per Curiam.
In this breach of employment contract case, defendant appeals as of right from a November 30, 1984, judgment entered pursuant to a $150,000 jury verdict in favor of plaintiff.
Plaintiff is a former sales representative employed by defendant and compensated by commissions in Grand Rapids since October, 1976.... | [
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Per Curiam.
On June 27 and August 6, 1985, the circuit court for Oakland County, pursuant to GCR 1963, 117.2(1) and (3), entered orders of summary judgment in favor of defendants Ayerst Laboratories, Inc., and American Home Products, Inc., as to the issues of defendants’ failure to test their drug product, Phospholine ... | [
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Per Curiam.
On October 7, 1985, defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797. On November 21, 1985, he was sentenced to from fourteen to twenty-five years in prison. Thereafter, the trial court denied motions to vacate the sentence and to withdraw his guilty plea.
The first issue we address is defend... | [
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Per Curiam.
Defendant appeals as of right from an order denying child support. We reverse.
Plaintiff and defendant were divorced in 1976 and defendant-father was given custody of the couple’s two daughters, ages three and four. The property settlement awarded plaintiff-mother a twenty percent interest in the marital ho... | [
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Wahls, P. J.
Defendants were convicted of breaking and entering an unoccupied building, MCL 750.110; MSA 28.305. Marks was sentenced to a prison term of from five to ten years. Holmes was sentenced to a term of from thirty months to ten years. Both defendants appeal as of right.
On November 5, 1983, at approximately 5:... | [
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Per Curiam.
In our previous opinion in this case, reported at 148 Mich App 197; 384 NW2d 407 (1986), we deferred to the trial court’s finding of fact in regard to the West Big Twin Lake 5-18 well, that the governmental survey submitted into evidence by the defendants established, contrary to defendants’ claim, that the... | [
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R. M. Maher, J.
Plaintiffs appeal as of right from a trial court order granting defendant’s motion for accelerated judgment pursuant to GCR 1963, 116.1(5).
This medical malpractice action arises out of surgery performed on Helen Whitmore by Robert Fabi, M.D., a neurosurgeon, and Ernesto L. Suarez, M.D., a cardiologist,... | [
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Per Curiam.
Plaintiff, Catherine Coen, filed a medical malpractice action against defendants, Oakland County, South Oakland Community Mental Health Clinic, a Division of Oakland County Community Mental Health Services, Patricia Hop-son, M.D., Sinai Hospital of Detroit, Comprehensive Psychiatric Services, P.C., Sandra S... | [
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Per Curiam.
Plaintiff appeals as of right from an order denying her motion for partial summary judgment as to the individual defendant pursuant to GCR 1963, 117.2(3), now MCR 2.116(C)(10). We affirm.
The facts are not in dispute. On June 30, 1982, defendant C. L. Rieckhoff Company, Inc., executed a promissory note in t... | [
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Per Curiam.
The issue presented in this case is whether plaintiffs are entitled to a credit for income taxes paid to Belgium under § 255 of the Income Tax Act, MCL 206.255; MSA 7.557 (1255). Plaintiffs are United States citizens and Michigan residents. Mr. Ludka worked in Belgium from 1980 to 1983 on an average of five... | [
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Per Curiam.
Respondent Terri Sprite appeals as of right from the probate court’s opinion and order which terminated her parental rights to her minor children, Jennifer born November 17, 1978, and Michelle born May 4, 1981. The children’s natural father, also a respondent below, does not appeal from the termination of h... | [
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Per Curiam.
Plaintiff appeals as of right from an order granting defendants’ motion for summary disposition, apparently entered pursuant to MCR 2.116(C)(10). We affirm.
The facts are not in dispute. Plaintiff was employed as a clerk for United Parcel Service. A significant part of plaintiff’s job with ups was loading p... | [
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Per Curiam.
On December 16, 1985, the Wexford Probate Court entered an order terminating the parental rights of Connie and Bruce Trow-bridge in two of their minor children. Only the mother (hereinafter respondent) appeals.
On appeal, respondent argues that she was denied effective assistance of counsel because her atto... | [
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Per Curiam.
Defendant Charles Holmes appeals as of right from his May 17, 1984, conviction following a jury trial of armed robbery, MCL 750.529; MSA 28.797. Defendant Scott Sovoda appeals as of right from his June 19, 1984, conviction following a jury trial of armed robbery, MCL 750.529; MSA 28.797, and felony-firearm,... | [
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Per Curiam.
Defendants, William and Wanda Murdoch and their son, Douglas Murdoch, appeal as of right from an opinion and order entered in the Oakland Circuit Court affirming the decision of the Zoning Board of Appeals of plaintiff Township of Independence (hereinafter board). The board’s decision interpreted the townsh... | [
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J. C. Kingsley, J.
Plaintiff appeals as of right from an October 3, 1984, judgment of the circuit court awarding plaintiff $230.51, following a bench trial.
The record discloses that plaintiff, Patrick, J. McReavy, and Keith Davis consolidated three partnerships owned by the various men into one corporation in 1978. Th... | [
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Moore, J.
Defendant wanted to buy a home in March, 1921, and employed Loeffler-Casenhiser, a real estate firm, to obtain such property. This firm had no property listed that would meet defendant’s requirements and Mr. Casenhiser, who had formerly worked for plaintiffs, called upon them to ascertain if they had such pro... | [
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Clark, J.
On December 16, 1920, Fred Gunther, Sr., ordered, and in due course received, farm wagons from plaintiff. Important parts of the order, of conditions printed on back thereof, and of the invoice are printed in the margin. Notes were taken as indicated in the order and the invoice. The agreement was filed in th... | [
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McDonald, J.
This action is brought to recover the balance of the purchase price of plaintiff’s rights to extra compensation in a contract which he had with the Owosso Sugar Company. On March 3, 1920, the plaintiff entered into a contract with the Owosso Sugar Company by the terms of which he was to grow beets and deli... | [
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Clark, J.
On October 27, 1914, plaintiff, an experienced woodworker,, was operating, in defendant’s shop, a machine commonly known as a jointer. In an opening in its table was a metal head into which were set knives, over which head, when revolving, the timber to be machined was passed. In the operation, plaintiff’s ha... | [
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McDonald, J.
The purpose of this bill is to secure an accounting in a partnership business. On the 16th of August, 1918, the Minnesota Mutual Life Insurance Company of St. Paul entered into a contract with, defendant Maurice L. Chertok of the city of Detroit,, whereby Chertok was to represent the company within certain... | [
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Wiest, C. J.
The above actions are practically identical in their material facts. The plaintiffs are farmers of Lenawee county, Michigan. The defendant is engaged, in the business of discounting acceptances and similar commercial paper in Detroit, Michigan. In the summer of 1921, one John Edwards came to the General Di... | [
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Wiest, C. J.
Plaintiff owned a saw mill at Goodar, Ogemaw county, and the run of sawing there having ended, and learning that defendants had considerable holdings of timber on the Au Sable river division of the Detroit & Mackinac railroad and the Au’ Sable river and its tributaries, he entered into a contract with them... | [
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Moore, J.
On the 14th day of August, 1916, the plaintiffs entered into a contract for the purchase of a house and lot in the city of Detroit, with John Mnialkowski. In the contract is the following:
“This property is situated on the east side of Roby place and known as 24 Roby place, between Ferry and Medbury avenues, ... | [
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Moore, J.
The supply of water in Saginaw was thought to be impure. To get water of a better quality the Fordney Hotel put down an artesian well on its own property and piped the water therefrom throughout the hotel except in the pool room. On January 15, 1922, the plaintiff entered the employ of the hotel company as he... | [
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Wiest, C. J.
This suit was commenced by capias ad respondendum. In the affidavit for the writ plaintiff alleged:
“That on the 31st day of July, A. D. 1920, and the 30th day of August, A. D. 1920, Charles B. Gildemeister by his agent, John Gildemeister, and who is his brother, represented that said Charles B. Gildemeist... | [
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Bird, J.
In June, 1920, plaintiff filed her bill for divorce, praying a separate maintenance on the ground of non-support. Defendant answered; denying, the material allegations. Hearing was had and the chancellor granted plaintiff’s prayer for separate maintenance and awarded her money and property aggregating about $5... | [
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Fellows, J.
This bill is filed to set aside a decree entered in the circuit court for the county of St. Clair, in chancery, and affirmed by this court in Watkins, v. Minor, 214 Mich. 380. The opinion in that case fully discloses the facts; the case being a chancery case was here heard de novo. As the testimony was conf... | [
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Moore, J.
This is a case brought to this court by writ of certiorari to the department of labor and industry to review the affirmance of an award to James Burt under the Michigan workmen’s compensa tion act for the loss of an eye. The Munising Wooden-ware Company is a corporation operating a factory at Munising, Michig... | [
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McDonald, J.
This action is brought to restrain the prosecution of an ejectment suit and to have the title to the property in controversy established in the plaintiff free from all claims of dower. On the 5th of February, 1920, Marion F. Tackett died intestate in the city of Muskegon. The property in question, known as... | [
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Wiest, C. J.
The original bill herein was filed by plaintiff to enforce a lien for material furnished in the construction of three houses. Other lienors, subsequent purchasers of the property, the principal contractor and the surety on a bond to release the liens, were made defendants.
May 10, 1919, Andrew J. Tarsney w... | [
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■Moore, j.
The questions involved in this litigation are so clearly stated by the chancellor who heard the case in open court that we quote from his opinion:
“The bill in this case is filed asking that the deed to certain lands in the township of Oakland, conveyed by plaintiff and wife to the defendant, may be set asid... | [
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Wiest, C. J.
The Evangelical Lutheran St. Matthews Church, a corporation, wanted a new church edifice erected at Benton Harbor, and, under the name of the “Ev. Luth. St. Math. Congregation,” on June 24,1919, by its officers, entered into a contract with the “Singer Ch. & Con. Co.,” of Chicago, for its construction. Def... | [
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McDonald, J.
The plaintiff appeals from a dis-allowance of its claim against the defendant estate. Marion F. Tackett was a resident of the city of Muskegon.' At the time of his death he was the owner of a gristmill at Sherwood, Ohio. The claimant is a farmers co-operative company. The Sherwood mills were operated by on... | [
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Steere, J.
This is an action in assumpsit brought by plaintiff to recover of defendant wages for work and labor while in her employ from April 2, 1918, to December 6th of the same year. The action was begun in December, 1920, and personal service had upon defendant. She appeared and demanded a copy of the declaration. ... | [
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Claek, J.
From the denial of his motion that a decree for divorce be set aside and the cause dismissed or reopened and retried, defendant has appealed. The trial judge filed an opinion which we adopt:
“Mary Madden, on March 23,1912, filed her petition for separate maintenance, charging extreme cruelty and adultery. Thi... | [
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Bird, J.
This case had its beginning in justice’s court. Plaintiff declared on all the common counts in assumpsit, and especially on a promissory note, reading as follows:
“No. A-1013. Croswell, Michigan, 12-28-1914.
“On or before the first day of October, 1915, I promise to pay H. R. Rice, Croswell, Michigan, or order... | [
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Bird, J.
Defendant was charged with the offense of gross indecency in the recorder’s court in the city of Detroit. The matter came on for trial on March 24, 1922. The testimony offered by the people tended to show that the indecent act was committed in the men’s toilet at the Grand Trunk passenger station. Nicholas Kle... | [
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Bird, J.
Plaintiffs owned a small tract of land near Phoenix, Arizona, which they claimed was worth $25,000, and upon which they had paid $12,000. Defendant owned a farm of 85 acres situate in Long Lake township, in Grand Traverse county, which he estimated was worth $10,000. The personal property thereon he thought wa... | [
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Sharpe, J.
On October 9, 1920, plaintiff recovered judgment against Frank E. Hager, defendant, in the sum of $3,500. On October 12th, a writ of fieri facias was issued. This writ was returned unsatisfied on November 16th. On September 15, 1922, a writ, of capias ad satisfaciendum was issued on the judgment, on which Ha... | [
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Wiest, C. J.
This is an action of slander. It is claimed defendant charged plaintiff with the crime of incest with his sister. The specific language is not necessary to decision and is, therefore, omitted. At the trial testimony was permitted to be given of the general reputation of the wealth of defendant. The court i... | [
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Steere, J.
Prior to the year 1914 members of a colony of Russians in the northeasterly part of Detroit formed an organization in the nature of a voluntary unincorporated religious association. They were all members of the Orthodox Greek Church and most of them spoke only the Russian language. They were unfamiliar with ... | [
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Clark, J.
Plaintiff owned and occupied lot 8, block 328, city of Muskegon. She held by adverse possession a strip about 1.35 feet in width, of lot length, from adjoining lot 9. On August 25, 1917, she purchased lot 9 from the Grand Rapids Trust Company, the quitclaim deed describing the lot:
“Lot number nine (9) of blo... | [
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Clark, J.
Plaintiff was employed as a fireman by the city of Brown City. It was his duty to operate the electric light and water plant a part of each day.
At 5:15 a. m. on February 7, 1922, he reached the plant which was located on the outskirts of the city near a railroad track. It was cold and dark. He carried a lant... | [
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Bird, J.
Plaintiff’s salesman took defendant’s order over the telephone for two cars of cottonseed meal. The salesman, soon thereafter, mailed to defendant a memorandum of the same and sent a copy thereof to plaintiff at Jackson. Upon receipt of. the order plaintiff signed a confirmation of the order and mailed it to d... | [
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Bird, J.
Plaintiff, on behalf of creditors of the Pierce-Hinsch Company, in his bill of complaint, charges fraud in the organization of the PierceHinsch Company, and also in its subsequent management. This company was the outgrowth of a previous corporation, known as the Pierce-Hinsch Realty Com pany, which was formed ... | [
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Bird, J.
Plaintiff is engaged in the manufacture of artificial leather at Marysville, in St. Clair county, and its office is in Athol, Massachusetts. Defendant, in 1920, was engaged in manufacturing automobiles in the city of Jackson. In January, 1920, defendant placed an order with plaintiff for 37,000 yards of artifi... | [
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Smith, J.
These actions were brought originally by husband and wife against defendant retailer to recover for injury and damages allegedly caused by chemical irritants in a ladies undergarment, a cotton slip, purchased and worn by plaintiff-wife and charged to the account of her husband. It is claimed that immediately ... | [
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Souris, J.
(for reversal). Four times in the published reports of this Court we have directly or indirectly denied the right of one spouse to sue the other for recovery of damages for injuries resulting from an interspousal negligent tort. We said that at common law such a suit could not be maintained, and we found no ... | [
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Smith, J.
This is the second suit between the parties about the same property. - In the first suit, through misdescription, the decree did not contain all of the property awarded. That this was a mistake of plaintiff’s counsel is acknowledged by defendants and confirmed by the trial judge. This, the second suit, was br... | [
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Campbell, C. J.
Burton brought ejectment for the undivided three-fourths of lot 19 of the subdivision of outlot 183 of the Rivard farm in the city of Detroit, and showed title from three of the four heirs of Yictoire Gagnier deceased, who had once owned said outlot 183. The defendants purchased a title which was convey... | [
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Campbell, C. J.
In this case suit was brought on the covenants of a warranty deed made by Vaughn to plaintiff June 13, 1853, of certain lands in Lapeer county, upon which, as it afterwards turned out, Vaughn had certain illegal tax-titles and nothing more. He had never been in possession, and Matteson never went into p... | [
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Campbell, C. J.
Gore brought ejectment and recovered a strip of land forty-four and a half feet wide, as-included in a grant to himself of a tract of four acres, which by a surveyor’s error had been laid out that much narrower than was correct.
The proof showed a purchase by Gore of David Stewart in November, 1865, of ... | [
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Marston, J.
An information in the nature of a quo warranto was filed to inquire by virtue of what warrant or right the respondents claim to use, exercise and enjoy the powers, liberties and franchises of a certain school district board. Issue was joined, a trial had in the circuit court and judgment rendered in favor o... | [
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Marston, J.
In this case a writ of replevin was issued out of the circuit court which contained no description of the property to be seized by the officer. An affidavit was attached thereto as required by the statute, which fully described the property. The defendant moved the court to quash the proceedings, and the pl... | [
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Marston, J.
The questions raised in this case depend upon the construction to be given the written contract in view of the advances made thereunder.
Under this contract Sanford & Peck were to procure from certain lands owned by them, during the winter and spring of 1870 and 1871 not less than four million, and from tha... | [
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Marston, J.
The commissioner of highways caused a notice to be served on Platt December 31st, 1875, that a meeting would be held at a certain place on January 10th, 1876, to ascertain and determine the necessity of laying out a certain highway. The statute, Public Laws of 1875, p. 92, § 1253, required the notice to be ... | [
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... |
Per Curiam.
Relator purchased on execution a mining lease in an undivided half of certain lands in Marquette county, and after he obtained his deed the defendants refused to surrender possession, whereupon he brought ejectment. He then applied to the circuit court on a showing of various facts to grant an order to stay... | [
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Graves, J.
Rose was riding along the public road in his sulky. With one hand he was guiding the animal attached to the sulky and with the other was leading a mare. She was followed by her colt which was about three months old, and also by a mule which Eose owned and was taking to another place. A dog alleged to belong ... | [
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Marston, J.
The court was right in charging the jury that plaintiff had not shown such a performance of the agreement to collect the judgment as would entitle him to recover. The plaintiff testified “that in January, 1875, I spoke to the defendant James Dewey about his collections, and he said he had a judgment in thei... | [
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Campbell, C. J.
Complainant filed her bill to set aside certain deeds, with a life lease and bill of sale, made by her deceased father, Nathan Udell, in December, 1875, on the grounds of non-delivery, incompetency, fraud and undue influence.
Nathan Udell died in May, 1876, from the effects of a cancer in the face, whic... | [
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... |
Graves, J.
Defendants in error sued on the common counts and-made claim that the plaintiff in error held and refused to pay over moneys lie had collected at their request from his servants upon debts due from the latter to defendants in error. The general issue was pleaded with notice of set-off, and August, 1876, a ve... | [
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Per Curiam.
This case, having been before the court on exceptions, was sent back to the circuit court for the county of Ingham with directions to proceed and sentence the prisoner, who had been convicted of murder.
She now desires leave to apply for a new trial, on the ground of newly discovered evidence, and for other... | [
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Cooley,
J. The railroad company presented to the commissioners appointed to examine and adjust claims against the estate of Thomas G. Duncan, a claim to a considerable sum, which was allowed by that body. The executors thereupon petitioned the probate judge for leave to appeal, and it was allowed by the judge. The judg... | [
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Per Curiam.
The only question upon this record is whether a certain draft drawn by Morton & Co., lately doing business in Detroit, upon a New York bank, was received by the plaintiff in satisfaction of a demand which the defendant had agreed to pay to him. The circuit judge found the facts relating to the giving and th... | [
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... |
Marston, J.
The defendant in his return to the writ of certiorari in this case, after setting forth that an application was made to him for the opening of a certain ditch, a bond given, etc., says: “I immediately appointed the 15th day of May, 1877, at two o’clock in the afternoon, at the house of O. Peters, in the sai... | [
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Cooley, J.
Beach sued M'eMillen in justice’s court on a promissory note and obtained judgment. MeMillen appealed to the circuit court, and there filed a new declaration — whether by permission of the court, or by consent of defendant, or without either, does not appear. Neither does the occasion for filing it appear, a... | [
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