Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 45Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hoyt Post, Henry Allen Chaney, Hovey K. Clarke, William Dudley Fuller, John Adams Brooks, James M. Reasoner, Marquis B. Eaton, Richard W. Cooper, Herschel Bouton Lazell Phelphs & Stevens, printers, 1882 - Law reports, digests, etc |
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Results 1-5 of 78
Page xiv
... Matter of Godfrey Estate 4 Mich . 308 Matter of Smith 16 Johns . 102 ......... 145 Maul v . Rider 51 Penn . St. 377 . 121 Mead v . Westchester F. Ins . Co. 64 N. Y. 453 . Medill v . Collier 16 Ohio St. 599 .. ..... 511 * Melia v ...
... Matter of Godfrey Estate 4 Mich . 308 Matter of Smith 16 Johns . 102 ......... 145 Maul v . Rider 51 Penn . St. 377 . 121 Mead v . Westchester F. Ins . Co. 64 N. Y. 453 . Medill v . Collier 16 Ohio St. 599 .. ..... 511 * Melia v ...
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... matter , so long as the issues are distinct . Continued from Vol . 44 . 45 1 67 333 45 1 78 248 45 1 9 48 93 g || - 86 157 45 90 636 45 92 1 45 ❘ 114 121 45 MICH - 1 Error to Kalamazoo . Submitted October 27. Decided November 10.
... matter , so long as the issues are distinct . Continued from Vol . 44 . 45 1 67 333 45 1 78 248 45 1 9 48 93 g || - 86 157 45 90 636 45 92 1 45 ❘ 114 121 45 MICH - 1 Error to Kalamazoo . Submitted October 27. Decided November 10.
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... matter . Our rulings in fact are no fur- ther binding on other controversies than if we were jurors , so long as the issues are distinct . There was no legal reason why the case at law , which was ready for trial before the bill was ...
... matter . Our rulings in fact are no fur- ther binding on other controversies than if we were jurors , so long as the issues are distinct . There was no legal reason why the case at law , which was ready for trial before the bill was ...
Page 13
... matter of fact the creation of a charge on any real estate . For the purpose of the case it may be granted that the effect of the mechanic's lien law , where it is applicable , is to create a species of statute mortgage , whether the ...
... matter of fact the creation of a charge on any real estate . For the purpose of the case it may be granted that the effect of the mechanic's lien law , where it is applicable , is to create a species of statute mortgage , whether the ...
Page 33
... matter of the estate of Horton L. Holcomb , late of said county , deceased . The petition of Adelaide D. Holcomb , widow and executrix of the last will and testament of said deceased , respectfully shows that the personal estate of said ...
... matter of the estate of Horton L. Holcomb , late of said county , deceased . The petition of Adelaide D. Holcomb , widow and executrix of the last will and testament of said deceased , respectfully shows that the personal estate of said ...
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Common terms and phrases
40 Mich action adverse possession affirmed with costs agreement amount appear assignment ASSUMPSIT attachment authority Beecher bill bond Bushey certificate certiorari charge circuit court circuit judge claim common law Comp complainant contract conveyance COOLEY corporation creditors debt Decided Jan decree deed Defendant brings error defendant in error Detroit Douglas duty East Saginaw ejectment entitled equity equity of redemption evidence execution fact favor Fife Lake filed foreclosure garnishee given guardian held interest issue John judgment jury Justices concurred land levy liability lien logs lumber mandamus Mead ment mortgage negligence objection owner paid parties partner partnership payment person plaintiff in error possession premises probate court proceedings proof purchase purpose question R. A. Montgomery received record recover replevin reversed with costs statute stockholders Submitted Jan suit testimony thereof tion township treasurer trial void ward warrant Wend writ
Popular passages
Page 162 - Peninsula, shall be applied in piyiiist the interest upon the Primary School University, and other educational funds, and the interest and principal of the Slate debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to and constitute a part of the Primary School Interest Fund.
Page 463 - The State shall not be a party to, or interested in, any work of internal improvement, nor engaged in carrying on any such work, except in the expenditure of grants to the State of land or other property...
Page 195 - It is often said that the test, or one of the tests, whether a person not ostensibly a partner is nevertheless, in contemplation of law, a partner, is, whether he is entitled to participate in the profits. This, no doubt, is, in general, a sufficiently accurate test ; for a right to .participate in profits affords cogent, often conclusive, evidence that the trade in which the profits have been made was carried on in part for or on behalf of the person setting up such a claim.
Page 574 - Duress" is defined to exist when one by the unlawful act of another is induced to make a contract or perform some act under circumstances which deprive him of the exercise of free will.
Page 397 - Dade in answer thereto of this supposed claim, nor any postponement of the decree of sale asked upon this account. Now, upon this posture of the case, several objections arise as to the maintenance of the suit. In the first place, the present bill is of an entirely novel character.
Page 465 - Commissioners shall have the power, and it is hereby made their duty, to examine the...
Page 463 - Congress ;" and by the second section, " that so much of the lands, rights, interests, franchises, powers and privileges, as are or may be granted and conferred, in pursuance of said act of Congress...
Page 194 - ... arrangement which is a partnership in fact, it is of no importance that they call it something else, or that they even expressly declare that they are not to be partners. The law must declare what is the legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must be solved in favor of their intent; otherwise we should "carry the doctrine of constructive partnership so far as to render it a trap to...
Page 691 - ... none exists, he is never to be charged as a partner unless by contract and with intent he has formed a relation in which the elements of partnership are to be found. And what are these? At the very least the following: Community of interest in some lawful commerce or business, for the conduct of which the parties are mutually principals of and agents for each other, with general powers within the scope of the business, which powers however by agreement between the parties themselves may be restricted...
Page 221 - ... before, and a man who would not heed the information the very nature and course of the business would impart ' to him would be protected by no notice. The best notice is that which a man must of necessity see, and which cannot confuse or mislead him. He needs no printed placard to announce a precipice when he stands before it.