Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 155Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Herschel Bouton Lazell, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, James M. Reasoner, Richard W. Cooper Phelphs & Stevens, printers, 1909 - Law reports, digests, etc |
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Page 26
... evidence tending to show a payment , on the ground of lack of affirmative averments in the answer , is not sustained , where the answer , fairly inter- preted , raises the issue , the case was tried on the merits , per- mission was ...
... evidence tending to show a payment , on the ground of lack of affirmative averments in the answer , is not sustained , where the answer , fairly inter- preted , raises the issue , the case was tried on the merits , per- mission was ...
Page 28
... evidence was not rightly valued . Defendant Andrew C. Clark testified that on March 5 , 1902 , he paid $ 300 to the ... evidence without objection . The weight of this evidence is supposed to have been disregarded by the court , the ...
... evidence was not rightly valued . Defendant Andrew C. Clark testified that on March 5 , 1902 , he paid $ 300 to the ... evidence without objection . The weight of this evidence is supposed to have been disregarded by the court , the ...
Page 29
... Evidence , §§ 734-738 . Appellants are therefore not in a position to complain that the court considered the evidence aided by such argu- ments as were presented by counsel . It would benefit no one to review in this opinion the other ...
... Evidence , §§ 734-738 . Appellants are therefore not in a position to complain that the court considered the evidence aided by such argu- ments as were presented by counsel . It would benefit no one to review in this opinion the other ...
Page 37
... evidence any fact that would tend to show that the defendant company had exercised actual ownership over this building in question . There is some testimony that they owned the property that remained there , but they do not seem to have ...
... evidence any fact that would tend to show that the defendant company had exercised actual ownership over this building in question . There is some testimony that they owned the property that remained there , but they do not seem to have ...
Page 43
... evidence of fraudulent concealment on the part of the defendant ? We have already said that under the evidence no partnership is established - hence , no fiduciary relation . The parties dealt with each other at arms ' length and as ...
... evidence of fraudulent concealment on the part of the defendant ? We have already said that under the evidence no partnership is established - hence , no fiduciary relation . The parties dealt with each other at arms ' length and as ...
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Common terms and phrases
action adverse possession affirmed agreement alleged amount appears appellee assessments assigned Assumpsit attorney bill of complaint BLAIR bonds brings error charge Charles Putnam Charlevoix county circuit court circuit judge claim Comp Company complainant complainant's concurred contract counsel court of equity December 21 decree deed defendant defendant's denied Detroit United Railway Docket electric evidence fact fendant filed follows fraud Glazier Stove GRANT held HOOKER husband indorsement injury issue judgment jury Kalamazoo land lien liquor Maltz Mandamus MCALVAY ment MONTGOMERY mortgage negligence notice November 18 OSTRANDER paid parties payment person Phillpotts plaintiff probate proceedings purchase question Railway reason received record recover res judicata respondent rule saloon sell sold statute street Stroh Brewery Company Submitted November suit switch testator testified testimony thereof tion track trial village void Wayne Wayne county witness writ
Popular passages
Page 63 - Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section sixty, sub-division b, and section sixty-seven, subdivision e.
Page 674 - Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining...
Page 591 - Witnesseth, that the said parties of the first part, for and in consideration of the sum of twenty-one hundred dollars, to them in hand paid by the said party of the second part...
Page 68 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Page 520 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated .person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her own name, severally or jointly, against any person or persons who shall, by selling or giving intoxicating liquors, have caused the intoxication, in whole or in part, of such person...
Page 62 - ... procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Page 673 - WITNESSETH: That the said parties of the first part, for and in consideration of the sum of Six hundred and forty dollars, lawful money of the United States of America to them in hand paid, by the said party of the second part...
Page 439 - The right of trial by jury shall remain, but shall be deemed to be waived in all civil cases, unless demanded by one of the parties in such manner as shall be prescribed by law.
Page 63 - And for the purpose of such recovery any court of bankruptcy, as hereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction.
Page 35 - ... or unless some note or memorandum in writing of the bargain be made, and signed by the party to be charged thereby or by some person thereunto by him lawfully authorized.