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Campbell, C. J.
This is an application for a mandamus to compel the Auditor General to pay over to Gratiot county certain moneys claimed to have been unlawfully charged to the county, and deducted from the amounts paid over on annual settlements. These moneys now demanded are made up of charges for deficiencies on re-s... | [
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Marston, J.
This was an action of trespass on the case to recover damages for alleged negligence and want of skill of defendants who were surgeons, in their treatment of a severe injury to plaintiff’s hip.
Errors are assigned based upon the ruling of the court in relation to the admissibility of certain evidence, and t... | [
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Campbell, C. J.
The bill in this cause was filed by Hall as owner of a water right, against the defendants to restrain them from diverting the water, which they were preparing to do for the purpose of a corporation supply for such uses as cities generally have occasion for.
The little stream out of which the controvers... | [
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Graves, J.
The defendants claiming to hold the franchise of being a corporation under the name of “The Detroit Light Guard,” the Attorney General filed this information requiring them to show by what warrant they make such claim.
They pleaded that they, with one other, making eleven in all, and being members of Militar... | [
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Cooley, J.
This is a case of certiorari to a justice’s court. The proceedings in that court were by attachment, and the plaintiffs in error, who were defendants below, were not personally served and did not appear. The plaintiff declared upon a justice’s judgment rendered in an attachment suit, and gave no evidence but... | [
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Cooley, J.
Rice sued the plaintiffs in error in trespass, and declared “for that whereas on &c., at &c., the said defendants did negligently permit fire to pass from the premises of the said James Boyd, being fire which the said defendant William Boyd had there started, which fire the said defendants did negligently pe... | [
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Marston, J.
Plaintiff in error was convicted of the crime of murder in the first degree. The only errors necessary to notice are two:
First. On the trial of the cause counsel for respondent objected to counsel who had been employed by the prosecuting witness, and other private individuals to assist in the prosecution o... | [
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Cooley, J.
The plaintiffs replevied from the defendant a paneling machine, and the question in controversy related to the ownership of this machine, at the time the suit was brought. The plaintiff gave evidence of having purchased it of one Bice, through John Warren his agent, and also of having purchased the right to ... | [
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Marston, J.
Admitting, as claimed by defendant, that machinery put into a building by a tenant would not be subject to or affected by a real estate mortgage previously given by the lessor, yet this case as it now stands would not come within that rule. The mortgage in question describes the real estate, “together with ... | [
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Campbell, C. J.
The defendant in error, Mrs. Clary, brought ejectment against defendants below, claiming title under a conveyance from her mother, Ermina Liver-more, dated April 21, 1875, and acknowledged May 7, 1875, the day suit was begun.
Defendants sought to defend (1), by showing a tax title to Michael Jeffers dee... | [
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Marston, J.
Complainant as administrator of tbe estate of Harriet Kilburn, deceased, files his bill of complaint alleging therein that in- April, 1870, Mrs. Kilburn, pursuant to certain negotiations, conveyed by warranty deed certain described premises to Harry Allen in consideration of the sum of one thousand dollars;... | [
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Per Curiam.
The relator noticed his ease for trial in due time for the March term, and the only question that can be made of his right to have it go upon the docket arises from the fact that the plea was not filed when the notice was given. But we think this was no objection. Appeals from commissioners in probate cases... | [
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Graves, J.
This is a hearing on an order to show cause why this court should not award mandamus to compel the rescission of an order made in the circuit court for Kent county. The order required relators in a suit against them by one Lewis C. Butts to discover and produce and then deposit with the clerk for twenty days... | [
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Graves, J.
April 7th, 1875, Cook brought ejectment against Knowles for one eighty acre lot in Jackson county. Both parties asserted title under John B. Tuttle, Cook as purchaser on an execution sale under a judgment in his favor rendered in an attachment suit against Tuttle, and the defendant Knowles as grantee of his ... | [
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Marston, J.
The plaintiff Long brought an action of covenant for breach of warranty. In his declaration, in setting up the breach, he averred that one John McFee, who had a lawful right and title to the premises, “by due process of law, entered into the same, and upon the possession of said lands and premises, and ejec... | [
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Campbell, C. J.
Leave is asked to file an information in the nature of a quo warranto to deprive the respondent of the franchise, as it is claimed to be, of laying its gas pipes and distributing gas through the streets of Detroit. The ground of the application is that the company violated some of the terms of an agreem... | [
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Cooley, J.
The defendant in error as administrator of Julia B. Stark brought suit against the railway company under the statute which gives an action to the personal representative of one whose death has been caused by the wrongful act, neglect or default of another. The death occurred at East Saginaw in September, 187... | [
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Campbell, C. J.
The will of Isaac Pierce was admitted to probate December 2d, 1873. It was executed July 29, 1871, and he died July 12, 1873. On appeal by certain of his heirs at law, the will was held invalid. Error is brought against that judgment. The will gave a large portion of the property to his second wife and ... | [
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Campbell, C. J.
Respondent was convicted of an assault with, intent to murder his wife. The defense on which the questions before us are raised was temporary insanity. It is claimed the court below deprived him of the benefit of a reasonable doubt.
The charge given was in substance that the element of malice was the im... | [
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Graves, J.
Chilson being street commissioner of the village of Plymouth, graded Church street along the front of premises of defendant in error, and Everson and West-fall assisted.
The defendant in error, claiming that what had been thus done was a trespass upon her property, brought suit therefor. Plaintiffs in error ... | [
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Graves, J.
Ludlow, as plaintiff, recovered in the court below, and Hardy removed the cause to this court upon a case.
In the fall of 1874 Ludlow sold a quantity of liquors to Hardy, and the sale is claimed to have been contrary to the act then in force to prevent the manufacture and sale of spirituous and intoxicating ... | [
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Per Curiam.
This is a certiorari to review the pro-, ceedings of the drain commissioner of the township of Adams, in the county of Hillsdale, in laying out a drain ■and- assessing the cost on the persons supposed to be benefited. A number of objections are taken to the proceedings, but it is sufficient to notice as a f... | [
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Marston, J.
Complainants, children and heirs of Solomon B. Larzelere deceased, filed their bill of complaint, asking to have the administratrix’s sale of certain lands of which their father died seized, set aside and declared void; also to have a certain mortgage deed set aside; to have the administratrix release and c... | [
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Marston, J.
Defendant in error sought to recover m an action of assumpsit upon the following instrument:
“Grand Rapids, Sept. 14, 1874.
Messrs. Isaac Woodruff & Co., General agents of the Pharos Lightning Rod Company, Grand Rapids, Mich.— You will please send me galvanized lightning rods for my Rouse within sixty days,... | [
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Campbell, C. J.
This is a bill to set aside the claims of Dwight to a small parcel of land near Hersey, Osceola county, on the ground that having been patented by the United States to one Isaac Pettit, who conveyed them to complainant, defendant had procured a conveyance from another Isaac Pettit, who had no real inter... | [
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Marston, J.
Defendant in error brought an action of ejectment to recover possession of forty acres of land in the township of Ogden, Lenawee county.
To maintain the action in the court below the plaintiff offered in evidence a certified copy, from the register’s office of Monroe county of the record of a deed from Robe... | [
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Campbell, C. J.
Hart, as assignee of his associate and in his own right, under a contract made between defendants and himself and Oliver P. Richardson, sued for the failure of defendants to furnish lumber under a contract whereby they agreed, April 18, 1873, to deliver to Hart & Richardson all their black walnut lumber... | [
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Graves, J.
Robinson sued the testator of plaintiff in error jointly with one Freeman Lathrop, before a justice, but Lathrop was not served, and did not appear. The declaration was for a joint claim on contract against both defendants as partners. Anderson appeared and pleaded the general issue, and Eobinson recovered a... | [
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Per Curiam.
In this case plaintiff in error sued in the circuit court for the county of Wayne to recover damages for the intoxication of her husband caused by the acts of defendants. She recovered precisely one hundred, dollars damages, and thereupon costs were awarded to defendants. She brings error.
We have searched ... | [
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Cooley, J.
The sole question on this record relates to the rights of defendant in error as legatee under the will of her husband Daniel J. Stewart. The will was dated February 23, 1874, and the following is a copy omitting the formal parts:
“ First. I give and bequeath to my wife, Amy Stewart, of the said county of St.... | [
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Per Curiam.
Suit upon a recognizance of special bail, by which the defendants undertook for the appearance of one Bettinger. The plaintiff obtained judgment against Bettinger, took out a fi. fa. and afterwards a ca. sa. and the only question arising upon the record is made upon the sufficiency of the sheriff’s return t... | [
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Danhof, J.
The University of Michigan is 'an institution of higher education established' by ' the constitution and by law, having authority to grant baccalaureate degrees. Plaintiff, Regents ' of the University of Michigan, is the constitutionally-designated body granted the authority to generally supervise and contro... | [
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Quinn, J.
At the close of plaintiffs’ proofs in their action for false arrest, false imprisonment and malicious prosecution, the trial judge granted plaintiffs’ motion for directed verdict on the issue of liability. The jury returned a verdict for plaintiffs and judgment entered thereon. Defendants’ motion for new tria... | [
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Per Curiam.
Defendant was convicted by a jury of driving while under the influence of intoxicating liquor.
On appeal defendant contends that the trial court erred by failing to instruct the jury that the offense of operating a vehicle while one’s ability is visibly impaired is a lesser included offense in driving while... | [
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Per Curiam.
Plaintiffs appeal from an order denying their motion to reinstate this case, which was dismissed for lack of progress March 7, 1966. The record discloses the case was properly placed on the no-progress docket, but the record fails to disclose that GCR 1963, 501.4 was complied with. At that time, plaintiffs’... | [
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Lesinski, C. J.
Plaintiff, Boron Oil Company, on June 5, 1967, applied to the defendant, City of Southfield, for a building permit authorizing construction of a gasoline station on certain land located in Southfield. The city engineer of South-field orally informed plaintiff that certain corrections in the building pla... | [
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Per Curiam.
Defendant was convicted by Recorder’s Court jury of breaking and entering an occupied dwelling with intent to commit larceny and larceny in a building.
On appeal, defendant objects to the trial court’s failure to give an instruction and he questions the sufficiency of the evidence. The people have moved to ... | [
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Corkin, J.
Plaintiff Lewis, as public administrator of Kent county, sold real estate owned by decedent Jones to plaintiffs, Beauregard and Barbara Stubblefield. Defendant Hook is the holder of a mortgage on the premises that was a matter of record at the time plaintiff Lewis qualified as administrator of the estate and... | [
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J. H. Gillis, P. J.
On August 12, 1956, plaintiff Timothy Kelly, then eight and one-half years of age, was a passenger in an automobile owned and operated by defendant. Plaintiff was injured when defendant’s car went out of control and overturned. Plaintiff sued to recover for tbe injuries sustained and now appeals fro... | [
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McGregor, J.
The two cases herein discussed concern the same facts, allegations, and defendants. The plaintiffs are two groups of people who unsuccessfully filed class actions in the lower court. Our decision disposes of "both their appeals.
The lower court actions stemmed from drainage improvements petitioned for in 1... | [
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Holbrook, J.
This is an action involving the liability of the estate of Carl H. Raseman to the State of Michigan for the claimed unpaid balance of the cost of the maintenance of Robert D. Raseman, an insane person, committed to the Ypsilanti State Hospital.
The parties have stipulated to the facts presented on appeal: ... | [
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Danhof, J.
On September 6, 1966, Lillian Bond and Daniel Pusfeld commenced a class action under OCR 1963, 208.1(3) on behalf of a class composed of themselves and all other parents of school children attending the elementary and secondary schools of the defendant Ann Arbor school district. Plaintiffs alleged that the i... | [
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Pratt, J.
Beginning in the June, 1958, issue of its magazine, the defendant publisher announced a photographic contest with various prizes to be awarded winners. The announcement contained “Official Contest Rules” which were set off in bold black lines from the other portions of the article listing and describing vario... | [
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V. J. Brennan, J.
Plaintiff taxpayer appeals from an order dismissing its suit with prejudice. On September 1,1967, plaintiff commenced an action against defendants to recover certain sums paid as ad valorem taxes for the years 1965, 1966 and 1967. Plaintiff contended that the tax millage in excess of the 15 mill limit... | [
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Lesinski, C. J.
Plaintiff s-purchasers instituted this action to compel defendants-sellers to specifically perform a purchase agreement with respect to certain land located in Oakland county, Michigan. ■Originally the case was assigned to circuit judge James S. Thorburn. Immediately prior to trial, on December 23,1966,... | [
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Fitzgerald, P. J.
The defendant was charged with driving while under the influence of intoxicating liquor. MCLA § 257.625 (Stat Ann 1968 Rev § 9.2325). His motion to dismiss the charge was denied by the recorder’s court, which brought about this interlocutory appeal by leave granted.
He was found in his automobile by a... | [
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Holbrook, J.
Plaintiff Boyal Mink Banch, a Michigan corporation, acting through its owner, Mrs. Josie Chaddock, brought this action for damages allegedly caused by feeding plaintiff’s mink a cereal manufactured by defendant, Balston Purina Company and distributed by defendant Wickes Corporation. The feed was claimed by... | [
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Quinn, J.
Plaintiff landlords brought this action to recover rent due under a lease and for damages for alleged waste committed by defendant tenants. Defendants’ answer alleged prior breach of the lease by plaintiffs and denied any waste. Subsequently, defendants counter-claimed for credit arising from their security d... | [
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Danhof, J.
This is another legal milestone in the on-going zoning disputes between Woodward Avenue property owners and the city of Bloomfield Hills. See Scholnick v. City of Bloomfield Hills (1957), 350 Mich 187 and Brae Burn, Inc. v. City of Bloomfield Hills (1957), 350 Mich 425. In the latter case the Court said:
“We... | [
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Per Curiam.
On October 16,1967, the Workmen’s Compensation Department awarded the plaintiff compensation against his former employer, defendant county of Wáyne. The award was not paid, and, following a Rule 5 hearing, an order was entered by the department on June 24, 1968, directing payment of amounts due for hospital... | [
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Per Curiam.
This action arises from a rear-end collision on an ice- and snow-covered two-lane road early in the morning of November 29, 1966. Plaintiff alleges that she was proceeding into the second turn of an “S” curve when she discovered that a snowbank covered her lane of travel. She thereupon slowed to a stop. Def... | [
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McGregor, P. J.
Plaintiff became the owner of defendants’ property by way of condemnation, but defendants did not vacate the premises for six months and did not pay monthly rent pursuant to notice given by plaintiff shortly after the condemnation in June, 1962. Plaintiff filed an assumpsit action in the Detroit Common ... | [
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Fitzgerald, P. J.
While snoozing in his parked automobile, complainant was awakened by the presence of a man who “jumped back” and fled. Complainant assumed that his wallet was in the hand of the man. Rising to the occasion, complainant left his automobile and began chasing the thief. An off-duty patrolman observed a m... | [
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J. H. Gillis, P. J.
On May 22, 1968, defendant pled guilty to the crime of uttering and publishing a check without having a cheeking account (CL 1948, § 750.131a [Stat Ann 1962 Rev § 28.326(1)]) and subsequently was sentenced to serve one year and eleven months to two years. Prom this conviction and sentence defendant ... | [
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Per Ctjriam.
Plaintiff appealed as of right from an order denying motion to consolidate arbitration proceedings or, in the alternative, to compel First Federal Savings and Loan Association of Detroit to arbitrate. First Federal has filed motion to affirm. G-CB, 1963, 817.5(3).
The appeal is determined by this Court’s d... | [
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Fitzgerald, P. J.
Defendant was convicted of assault with intent to do great bodily harm less than murder and sentenced to prison. On appeal, he presents three claims of error.
First, and most substantial, is the question of whether there was a valid arrest of defendant so as to permit a reasonable search of his apartm... | [
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T. M. Burns, J.
Defendant-appellant Gregory M. Pillon filed income tax returns with the city of Detroit pursuant to his obligation under § 21-8-5(a), Detroit city code, for the years 1963 and 1965 showing a total tax due for the two years of approxi mately $65 but would not pay the taxes due. Defendant was found guilty... | [
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McGregor, P. J.
Defendant appeals his conviction for contempt. CLS 1961, § 767.5 (Stat Ann 1954 Rev § 28.945). Relying on his privilege against self-incrimination, defendant refused to answer questions of a one-man grand jury. After being granted immunity under CLS 1961, § 767.6 (Stat Ann 1954 Rev § 28.946), defendant ... | [
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Fitzgerald, J.
These two defendants were tried and convicted of receiving and concealing stolen property hy the Recorder’s court of the city of Detroit. They question here, as they did at the trial by a motion to suppress the evidence and quash the complaint and information, the sufficiency of the evidence presented at... | [
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Per Curiam.
The people appeal from an order quashing an information and discharging the defendant, Starr Dayton.
Starr Dayton was charged with violating the Michigan Liquor Control Act (CL 1948, § 436.32 [Stat Ann 1957 Rev § 18.1003]) by selling liquor without a license. A preliminary examination was conducted at which... | [
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R. B. Burns, J.
Defendant appeared before the Honorable Philip Pratt, circuit judge and grand juror, and was asked the following questions:
“1. While you were on the township board, did anyone ever approach you and offer you any consideration, money or otherwise in an attempt to influence your vote on any matter coming... | [
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Per Curiam.
Glennie Nicholson and Marvin Le-Mar, each represented by counsel, pled guilty to count three of an amended information charging malicious threats to extort money contrary to CL 1948, § 750.213 (Stat Ann 1962 Rev § 28.410). After a thorough examination of each defendant the trial court accepted the pleas. Th... | [
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T. M. Burns, J.
Appellant here appeals the dismissal of his complaint for a writ of habeas corpus against the department of corrections, pardon and parole commission, by the circuit court. The essential facts in this cause are not in dispute.
On January 30, 1953, following a conviction for possession of narcotics, plai... | [
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Danhof, J.
Plaintiff township sought to enjoin the operation of a sand and gravel sales and distribution business owned by defendants, alleging that it violated the township zoning ordinance. The business, which included the storage of sand, gravel, and construction equipment, was located in an area zoned B-3 (General ... | [
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Per Curiam.
Plaintiff Edna Perry was injured when she tripped and fell over a stock cart while shopping in defendant’s market. From a jury verdict of no cause of action, plaintiff Edna Perry and her husband Ralph Perry appeal.
Plaintiffs’ argument on appeal boils down to two issues: (1) that the trial judge erred in hi... | [
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Lesinski, C. J.
Defendant appeals his conviction for escape from prison contrary to MCLA § 750.193 (Stat Ann 1969 Cum Supp § 28.390).
Defendant’s first allegation of error is that he was not arrested and arraigned promptly after being captured and returned to prison. After formal charges were brought, he was promptly a... | [
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Lesinski, C. J.
Plaintiff Marvin Belt was the owner and operator of a truck leasing business in Michigan, and defendants were all enforcement officers for the Michigan Public Service Commission (hereafter referred to as the MPSC). In performing their duties of enforcing the laws of the State of Michigan regulating the ... | [
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T. M. Burns, J.
The plaintiff was 12 years old when a collision with the defendant’s car which resulted in his injuries occurred at the intersection of Southfield and Austin in the City of Lincoln Park, Michigan.
There is a dispute as to how the accident happened. Plaintiff claims to have been standing alongside his bi... | [
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Per Curiam.
Defendant asserts, he was deprived of a fair trial because the trial judge refused to permit a certain witness to be called in his behalf. Both prosecution and defense asked the trial court to exclude all witnesses before the taking of any testimony. ' The judge granted their-mutual request. The witness in ... | [
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Fitzgerald, P. J.
Plaintiffs’ action against defendant telephone company was for damages allegedly based upon negligence for failing to supply adequate service and using obsolete equipment. The lower court held the action was improperly started in circuit court because the remedy should have been pursued and exhausted ... | [
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R. B. Burns, J.
Defendant’s zoning board, after a public hearing, approved plaintiffs’ petition to change the zoning of plaintiffs’- property to permit its development as a mobile home park, and adopted an amendment to the zoning code changing the zoning of the property from residential suburban agricultural (RSA) to r... | [
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V. J. Brennan, J.
Defendant, Eddie Edwards, was charged with felonious assault and tried before a Kent county circuit judge sitting without a jury. Shortly before the trial began, defendant requested the court to appoint different counsel as he was dissatisfied with his court-appointed attorney’s preparation for trial.... | [
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Per Curiam.
This case is submitted on the People’s motion to dismiss or affirm. Defendant was convicted, on a plea of guilty, of the crime of second degree murder (MCLA § 750.317 [Stat Ann 1954 Rev § 28.549]), and on July 1, 1968, he was sentenced to serve 50 to 60 years in prison. On February 11, 1969, defendant’s mot... | [
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Cynar, J.
On June 6, 1967, Dean Monagin, Inc. executed an assignment to Daniel N. Pevos as assignee for the benefit of creditors of said corporation, whereby the assignor did grant, bargain and sell unto the assignee all of assignor’s property not exempt from execution.
On June 19, 1967, the assignee filed a petition f... | [
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V. J. Brennan, J.
This is an appeal from an order of superintending control over Judge John W. Connolly of the common pleas court for the city of Detroit, directing him to vacate an order which reinstated a certain replevin action dismissed for lack of progress. The events preceding the order of superintending control ... | [
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Per Curiam.
Defendant Enrique Acea Rosell was charged with having committed the act of sodomy in violation of MCLA § 750.158 (Stat Ann 1962 Rev § 28.355), in 1966 in the city of Detroit. He was tried by the court without a jury on October 6, 1967, and found guilty.
The appeal tests the sufficiency of the evidence for a... | [
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R. B. Burns, J.
This case arose out of an accident that occurred at approximately 4:30 p.m. at the intersection of Hill and Fenton roads in Genesee county, in which plaintiff’s decedent sustained fatal injuries. Defendant Rauch, a police officer employed by defendant township, responding to a radio call that a motor ve... | [
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V. J. Brennan, J.
Defendant was convicted of placing explosives with intent to destroy and causing damage to property (CL 1948, § 750.206 [Stat Ann 1962 Rev § 28.403]) and sentenced to a prison term of 4-1/2 to 25 years, the latter period being the maximum punishment under CL 1948, § 750.206.
Defendant’s alibi witness ... | [
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Per Curiam.
At trial and on this appeal the plaintiff objected to the introduction of evidence by the defendant in support of a defense of failure of consideration. This defense had not been affirmatively pleaded by the defendant as required by GCR 1963, 111.7 and Rule 9.4 of the rules of the Common Pleas Court of Detr... | [
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Danhof, J.
Plaintiff sued defendant, city of East Tawas, for damages arising from the loss of an eye resulting from an explosion while he was at the East Tawas municipal dump on December 4, 1965. The claim was originally based upon negligence, but additional counts of gross negligence and nuisance were later added. The... | [
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R. B. Burns, J.
Eastern Michigan University is an institution of higher education established by law having authority to grant baccalaureate degrees. Plaintiff is the constitutionally designated body granted the power generally to supervise and control the university. Defendant is an unincorporated state administrative... | [
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T. Gr. Kavanagh, J.
Plaintiff, an insurance agent, contracted to place several advertisements in the Flint classified telephone directory. The defendant, Michigan Bell Telephone Company, accepted the order and agreed to publish the listings in its 1963 Yellow Pages — but failed to do so. Upon plaintiff’s suit for damag... | [
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Per Curiam.
Emil Kryvicky had been a police officer with the city of Hamtramck since April 2, 1955. On September 7, 1966, while off duty, he went to a bar next door to the Hamtramck police station. Testimony given by the owner of the bar indicated that Kryvicky was annoying and molesting other patrons of the bar and ha... | [
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36,
12... |
Per Curiam.
This: case is submitted, on the people’s motion to affirm. Edgar Giddens, Jr., was convicted by a jury of the crime of robbery unarmed in violation of MCLA § 750.530 (Stat Ann 1954 Rev § 28.798), and on February 28, 1968, he was sentenced to 3-1/2 to 15 years in prison.
The case presents two questions: firs... | [
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Levin, J.
The defendant was convicted on a plea of guilty of the crime of conspiring to utter and publish a false instrument. He appeals on leave granted from an order denying his petition for clarification of his sentence. He claims that he was improperly denied credit for the time he spent in the county jail awaiting... | [
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Danhof, J.
Philip Rosen, Seymour Fryman, Bobby Ray Lewis, and Frank Winton were arrested in July, 1965 and charged with conspiracy to commit arson of real property. At the conclusion of the preliminary examination, Winton was discharged for lack of sufficient evidence. The remaining three defendants were bound over for... | [
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Per Curiam.
Plaintiff, driving north on Coolidge Highway in the city of Oak Park, was approaching the intersection of Coolidge and Southend when she encountered a yellow traffic light. The pavement was wet and when plaintiff applied her brakes her car unexpectedly swerved into the southbound lane of travel where it was... | [
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V. J. Brennan, J.
This appeal involves the scope of inquiry on habeas corpus from an extradition warrant.
On September 22, 1967, the State of Georgia requested the Governor of the State of Michigan to extradite one Jasper Luke Rayborn for the offense of “larceny of an automobile,” This request was accompanied by an ind... | [
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Levin, J.
The petitioner, Florence Miller, appeals from an accelerated judgment denying her petition filed pursuant to §§ 59-66 of the plat aet of 1929 for the vacation of a street and alleys in Double Super. Highways Subdivision No 1, Waterford Township, Oakland County, Michigan. The trial judge ruled that the street ... | [
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Quinn, J.
Defendant was convicted by jury verdict of breaking and entering in violation of MCLA § 750.110 (Stat Ann 1969 Cum Supp § 28.305), and he was sentenced to prison. His motion for new trial was denied and he appeals.
Defendant’s first assignment of error relates to an in-court identification of defendant by an ... | [
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Lesinski, C. J.
Defendant was convicted by jury verdict of breaking and entering a building with intent to commit larceny therein contrary to MCLA § 750.110 (Stat Ann 1968 Cum Supp § 28.305), and he appeals.
Defendant first contends that the trial court committed reversible error in failing sua sponte to excuse a prosp... | [
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Fenlon, J.
The city of Flint appeals from the order of the circuit court of Genesee County finding the defendant city in contempt for failure to comply with the mandamus of the court. The plaintiff real estate developer sought from the court a temporary injunction ordering the city to hook up its sewer line to the sewe... | [
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Per Curiam.
On May 23, 1968, the defendant was tried in Recorder’s Court, without a jury, on the charge of felonious assault contrary to CL 1948, §750.82 (Stat Ann 1962 Rev § 28.277). He was convicted, and, on June 19, 1968, he was sentenced to a term of one to four years’ imprisonment. On appeal it is contended that t... | [
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Holbrook, J.
Plaintiffs are parents of a mentally retarded child who was formally committed to the Lapeer State Home and Training School by the Wayne county probate court in January, 1957, and are within the classification of relatives liable for the care and maintenance of their child under the provision of PA 1965, N... | [
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Levin, J.
The defendants were convicted of first degree murder in separate trials in the summer' of 1967. They appeal, claiming that they were denied their' constitutional and statutory right to a speedy trial.
On the same day in May, 1966, that the first-degree murder warrant for the defendants’ arrest was issued, the... | [
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Per Curiam.
Plaintiff sought in her action below to impose a constructive trust on the assets of the estate of Arthur W. Glover. Plaintiff is the widow of Arthur W. Glover’s son, who was a beneficiary under his father’s will. Plaintiff also sought damages under CL 1948, § 702.55 (Stat Ann 1962 Eev § 27.3178 [125]) and ... | [
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89,
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Per Curiam.
Defendant Jerry Smith, was tried by a jury and convicted of assault with intent to commit rape contrary to MCLA § 750.85 (Stat Ann 1962 Eev § 28.280). On appeal he contends that certain comments of the prosecutor during rebuttal argument to the jury were so inflammatory as to deprive him of a fair trial. Th... | [
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Danhof, J.
On March 11, 1965, David Cass, husband of Jane Cass, was killed as a result of a collision with one of defendant’s trains.
On January 3, 1968, Jane Doan, formerly Jane Cass, started a suit individually against defendant for damages. This became No. 6085 on appeal.
On March 25, 1968, an amended complaint was ... | [
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Levin, J.
Defendant was convicted by a judge, sitting without a jury, of taking indecent and improper liberties with a girl under the age of 16 years. MCLA § 750.336 (Stat Ann 1954 Rev § 28-.568). At the time the alleged offense was committed, the girl was ten years of age and the defendant was an invited guest in her ... | [
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Per Curiam.
The parties involved were divorced on August 16,1966, and custody of their three minor children was awarded to the mother. Later the fa ther petitioned the court for a change of custody. On September 23, 1968, a full hearing was had and the court amended the divorce judgment and awarded custody of the child... | [
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... |
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